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Posted on Categories employment contract

Can the place of performance of work agreed in the employment contract be changed through a modification order?

Art. 42 §4 of the Polish Labour Code grants the employer broad authority to modify employees’ working conditions. It permits the employer to assign work to the employee different from that originally agreed. But this possibility is subject to many limitations. The employer thus may assign different work to the employee only when:

  • A legitimate need arises on the part of the employer
  • The period of assignment of different work does not exceed three months within a calendar year
  • Assignment of different work will not reduce the employee’s pay, and
  • The assigned work is suited to the employee’s qualifications.

In the course of applying Art. 42 §4, doubts have arisen whether it is possible on this basis to change the place of performance of the work which the employee and the employer agreed to in the employment contract.

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Posted on Categories hiring foreigners

Employment contracts with foreigners. Part 3: type of contract

Employers often have trouble selecting the type of contract for a foreigner. This is because the documents allowing foreigners to work and stay in Poland typically are issued for fixed periods. At the same time, the regulations do not provide any special conditions for employment contracts with foreigners. In particular, Polish law does not contain any regulations excluding or limiting the use of any of the various types of contracts in the case of foreigners.

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Posted on Categories hiring foreigners

Employment contracts with foreigners. Part 2: starting date for work

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, due to delays in consideration of applications by the authorities) and actually be ready to legally start working for the employer.

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