Publication date: 16.08.2024
Labor Rights of Ukrainians in Poland: What You Need to Know
For Ukrainians coming to work in Poland, understanding their labor rights is crucial. It not only ensures fair treatment in the workplace but also helps avoid potential problems with employers and Polish authorities. Legal analysis of a situation can be invaluable for those just starting their work journey in Poland.
Key aspects of labor rights in Poland:
- Legal employment
- Employment contract and its terms
- Working hours and rest periods
- Wages and social guarantees
- Occupational health and safety
Understanding these aspects will help Ukrainian workers feel confident and protected in the Polish labor market. Legal advice can provide detailed information on each of these issues.
Legal Employment
Before starting work in Poland, Ukrainians need to ensure that their employment is legal. This includes obtaining the necessary permits and documents. Verification of documents by a lawyer can help avoid mistakes in this process.
Necessary documents for legal employment:
- Valid passport
- Visa or residence card
- Work permit (if required)
- Tax identification number (NIP)
- Social security number (PESEL)
It's important to remember that employment without the necessary documents can lead to serious consequences, including deportation and a ban on entry to Poland and other Schengen countries.
Question
Do Ukrainians need a work permit in Poland?
Answer
The need for a work permit for Ukrainians in Poland can vary depending on specific circumstances. In general, Ukrainian citizens with a biometric passport can work in Poland without a work permit for 90 days within a 180-day period. For long-term employment, a work permit or an employer's declaration of intent to employ a foreigner may be required. However, rules can change, so it's recommended to seek legal analysis from a qualified lawyer for up-to-date information and individual consultation.
Employment Contract and Its Terms
Having a written employment contract is the basis for protecting employee rights. It's important for Ukrainians to carefully study all the terms of the contract before signing it. Legal analysis of documents can help understand all the nuances of the employment contract and avoid potential problems in the future.
Key points of an employment contract:
Position and duties of the employee
Place of work
Start date and duration of the contract
Working hours
Salary and payment terms
Vacation and other benefits
Signing an employment contract without fully understanding its terms can lead to misunderstandings and conflicts with the employer. A legal opinion can help assess the fairness and legality of the proposed terms.
Working Hours and Rest Periods
Polish labor law strictly regulates working hours and rest periods. It's important for Ukrainian workers to know their rights in this area to avoid exploitation and maintain their health.
Main provisions regarding working hours:
- Standard work week - 40 hours
- Maximum working day duration - 8 hours
- Mandatory breaks during work
- Overtime pay
- Right to weekly rest
Violation of these norms by the employer is grounds for appeal to the relevant authorities. Legal advice from an advocate can help in resolving conflict situations related to violations of working hour norms.
Wages and Social Guarantees
The issue of wages and social guarantees is one of the most important for workers. It's crucial for Ukrainians in Poland to know their rights regarding salary, social insurance, and other payments.
Key aspects of wages:
- Minimum wage
- Salary payment terms
- Payment for vacations and sick leave
- Social and health insurance
- Tax deductions
Lack of knowledge about these aspects can lead to financial losses and problems with Polish tax authorities. A legal opinion from a lawyer can help understand all the nuances of wages and social guarantees.
Question
How to calculate net salary in Poland?
Answer
Calculating net salary in Poland involves several steps. First, social insurance contributions (pension, disability, sickness) are deducted from the gross salary, which amount to about 13.71% of the salary. Then, the health insurance contribution is subtracted (9% of the amount remaining after deducting social contributions). Finally, personal income tax is deducted, the rate of which depends on annual income. For an accurate calculation, it's recommended to seek legal analysis from a specialist who will take into account all individual factors and current rates.
Occupational Health and Safety
Workplace safety is a fundamental right of every employee. It's important for Ukrainians working in Poland to know their rights and obligations regarding occupational health and safety.
Key aspects of occupational health and safety:
- Right to safe working conditions
- Mandatory safety training
- Provision of personal protective equipment
- Regular medical examinations
- Right to refuse dangerous work
Neglecting occupational health and safety issues can lead to injuries and occupational diseases. In case of problems with workplace safety, an online lawyer can provide prompt consultation and assistance.
Protection Against Discrimination and Unfair Treatment
Ukrainian workers in Poland have the right to equal and fair treatment, regardless of their nationality. Knowing their rights in this area will help counter possible discrimination.
Forms of workplace discrimination:
Unequal pay for equal work
Denial of promotion due to nationality
Verbal abuse or humiliation
Sexual harassment
Unlawful dismissal
In case of encountering discrimination, it's important not to remain silent. A lawyer in Poland can provide qualified assistance in resolving such delicate situations and protecting employee rights.
Understanding and protecting one's labor rights is a key factor in the successful work of Ukrainians in Poland. Ignorance or disregard of these rights can lead to serious problems, including financial losses, deterioration of working conditions, and in the worst cases, deportation and a ban on entry to EU countries. Therefore, it is critically important to be knowledgeable about labor legislation and not be afraid to stand up for your rights.
If you have any questions or problems related to labor rights in Poland, don't delay seeking professional help. The legal marketplace CONSULTANT offers a wide range of services, including online lawyer and attorney services, which can provide qualified assistance at any time. Remember that timely consultation with a specialist can prevent many problems and ensure comfortable and safe working conditions for you in Poland.
