Protection of the organization’s intellectual properties is in the interest of every company. Despite their immaterial character, IP rights can be extremely valuable. In turn, personal data are highly prized by cyber criminals. The rules in this area (including the GDPR) require companies to take certain steps and procedures, and non-compliance can result in legal liability.
What is employment law, and why is it so important?
Employment law covers all the regulations establishing legal standards governing employment relationships, as well as standards for collective labour relations, employee disputes, employer–employee dialogue, consultations in collective labour relations, and organizations of employers and employees.
These regulations include not only the Labour Code (the principal legal act in this area of law in Poland), but also a range of other acts (including EU regulations), collective labour arrangements, group agreements, internal regulations and other documents.
Every employer, regardless of its business form, is required to observe the general regulations of employment law, and violation of the regulations can carry severe consequences for employers. Employees are more and more aware of their rights in dealings with their employers and determined to enforce their rights, often through the courts.
Employment law governs the following areas in particular:
Challenges for businesses in ensuring compliance with employment regulations
The multiplicity of sources of law governing employment issues (i.e. the Labour Code and regulations issued under the code, other statutes and executive regulations, EU regulations, collective labour arrangements and other social agreements, and internal regulations adopted by the employer) makes it difficult for employers to properly identify the duties imposed on them by employment law.
Sometimes legal acts contain a direct cross-reference to relevant provisions of the Labour Code, or provide that the Labour Code applies to matters not addressed in the other act, or that the provisions of another act apply “as relevant.” Such provisions require professional analysis of the specific issue.
In turn, frequent changes to the law make it necessary for employers to continually monitor the regulations and proposed amendments, so they can prepare in advance for planned changes and adapt their operations to the new or revised requirements.
Employment law is an area where judicial rulings play an essential role, particularly in cases where the regulations do not provide a clear answer to how they should be applied.
Advice on employment law—benefits for companies
What can your firm gain from advisory services on employment law?
KPMG Law support in employment law
- We draft and advise on documentation connected with establishment of the employment relationships, including:
- Employment contracts and accompanying documentation
- Non-compete agreements
- Civil contracts—managerial contracts, management contracts, cooperation agreements.
- We assist in implementing internal regulations governing employment relationships, in particular:
- Drafting work rules, pay rules, rules for remote work, etc
- Assisting in implementation of employee programmes, including pension schemes and incentive schemes.
- We advise on restructuring and transfer of the workplace:
- Assisting clients in conducting group layoffs
- Conducting due diligence and compliance reviews in the HR area, for the purpose of transactions and for the internal needs of the employee or the corporate group
- Representing employers in relations with social side.
- We advise on issues of delegation of employees, employee outsourcing, employee leasing, employment mediation, and immigration matters.
- We advise on ensuring compliance with the law in the area of mobbing and discrimination, in particular:
- Assisting in implementing preventive measures
- Advising on eliminating existing irregularities at the workplace
- Conducting investigations and participating in anti-mobbing commissions.
- We represent clients in judicial proceedings and proceedings before the authorities (such as the Labour Inspectorate).
- We provide ongoing legal support to companies.
About us
The team at KPMG Law includes lawyers with many years of experience in employment law. We have successfully advised clients in numerous projects involving issues such as employment restructuring, transfers of the workplace, group layoffs (including wide-scale monitored layoffs), and employment litigation. We have worked with numerous clients for many years, delivering ongoing legal support on current matters (also in cooperation with KPMG tax advisors, assisting on social insurance and personal income tax issues).
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