Magdalena Świtajska
Magdalena Świtajska, adwokat, handles individual and collective labour law, in particular difficult redundancies of senior managers and protected workers, restructurings, transfers, cross-border aspects of employment law, and employment-related civil and criminal matters (such as civil and criminal liability of employees and employers, liability in damages, protection of individual rights, confidentiality and non-competition). She has been advising clients for many years on legalisation of work and stay of third party nationals in Poland, delegating third party nationals to work in Poland and delegating Polish citizens to work abroad.
Employers intending to hire a foreigner who has yet to obtain the documents required by law to legalise the person’s work and stay in Poland often wonder how to establish the starting date in the employment contract. Under the Labour Code, setting the start date is a mandatory element of an employment contract. At the same time, however, it may be difficult to set a specific date for the start of work, or even impossible, in a situation where the parties do not know and cannot predict when the foreigner will receive the legally required documents (which happens more and more frequently,...
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Efforts to obtain documents
legalising a foreigner’s work and stay in Poland often entail a state of
uncertainty, particularly concerning the date when the documents can be
obtained.
But foreigners increasingly condition acceptance of an offer of employment on conclusion of an employment contract (or possibly some other document containing a commitment to hire the person and confirming the terms of employment) prior to commencement of the process of legalising their work and stay in Poland. This gives rise to significant practical problems.
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