Publication date: 27.11.2024
How to hire the first employee in your company in Poland: step-by-step instructions from a lawyer
Starting a business in Poland is an important step for many Ukrainian entrepreneurs. However, hiring your first employee is an even more crucial step. To successfully resolve this issue, it is worth seeking legal advice to help you avoid common mistakes and properly execute all documents.
Preparing to hire your first employee
Before you start looking for an employee, it is important to conduct a legal analysis of a situation and make sure that your company is ready for expansion. A legal analysis of documents will help you determine whether you have obtained all necessary permits and whether your activities comply with the requirements of Polish law.
What to check before hiring:
- Correctness of company registration
- Availability of all necessary permits
- Compliance of the premises with the requirements of labor legislation
- Financial solvency of the company
- Availability of job descriptions
Choosing the form of employment
A legal opinion of a lawyer will help you choose the best form of cooperation with a future employee. Legal advice in this matter is critically important, as the wrong choice can lead to serious problems in the future.
The main forms of employment in Poland:
- kontrakt o work (employment contract)
- work agreement (contract)
- kontrakt o dzielo (contract for the performance of work)
Documentation of the employee
Having your documents checked by a lawyer is an important step in formalizing an employment relationship. An online lawyer can conduct a legal analysis of all the necessary documents and provide written advice on how to fill them out correctly.
Question
What documents are required for employment of a foreigner in Poland?
Answer
In order to employ a foreigner, the employer must obtain a work permit (if necessary), verify the legality of the employee's stay in Poland, prepare an employment contract in accordance with the requirements of the law, draw up the necessary documents for tax and social security, and conduct a medical examination of the employee.
Employer's obligations
Legal analysis of documents and legal advice will help you to understand all the responsibilities of the employer. A lawyer in Poland will provide a detailed legal opinion on your obligations.
The main obligations of the employer are:
ensuring safe working conditions
timely payment of wages
obtaining all necessary insurance
maintaining personnel records
compliance with labor legislation
Typical mistakes when hiring your first employee
An online lawyer often encounters typical mistakes made by Ukrainian entrepreneurs when hiring their first employee in Poland. A legal opinion will help to avoid them.
Common mistakes:
- Lack of a written employment contract
- Incorrect calculation of wages
- Violation of the deadlines for submission of documents
- Failure to comply with working time requirements
- Lack of necessary permits
Peculiarities of registration of foreign employees
For many Ukrainian entrepreneurs, the issue of hiring compatriots is important. A legal opinion of a lawyer will help to understand the peculiarities of this process. A lawyer in Poland notes that the procedure for hiring foreigners has its own nuances that require additional attention and legal analysis of a situation.
Question
Do Ukrainian citizens need a work permit?
Answer
After the introduction of the simplified employment procedure for Ukrainian citizens, it is enough for the employer to notify the county labor office of the intention to employ a Ukrainian within 14 days from the start of work. However, legal advice will help determine whether additional permits are required in a particular case, taking into account the specifics of your business and the employee's position.
Financial aspects of employment
Legal analysis of documents and legal analysis of a situation are necessary to understand all the financial obligations of the employer. Legal advice will help you calculate the real costs of maintaining an employee.
Main financial obligations:
- Salary not lower than the minimum wage
- Social security contributions (ZUS)
- Tax deductions
- Payment for medical examinations
- Additional payments in accordance with labor legislation
Organization of the workplace
The online lawyer emphasizes the importance of proper organization of the workplace in accordance with Polish law. A written consultation will help you determine all the necessary requirements.
Key requirements for the workplace:
- compliance with sanitary standards
- availability of necessary equipment
- provision of labor protection equipment
- creation of safe working conditions
- compliance with fire safety requirements
Protection of employer's interests
Legal analysis of documents and legal opinion of a lawyer will help protect the interests of your business when hiring your first employee.
Important aspects of protection:
conclusion of a confidentiality agreement
setting up a probationary period
clear definition of the employee's duties
regulation of the use of company property
procedure for termination of employment
Adaptation and training of the employee
Legal analysis of a situation shows that many problems arise at the stage of adaptation of a new employee. A lawyer in Warsaw recommends paying special attention to this process.
Question
How to properly organize the adaptation process of a new employee?
Answer
The adaptation process should include a detailed familiarization with job duties, internal company rules, conducting the necessary safety and health instructions, and appointing a mentor for the probationary period. A legal analysis of this process will help to avoid possible conflicts and ensure the effective work of the new employee.
Monitoring and evaluation of work
A lawyer's review of documents is important not only at the hiring stage but also during the employee's further work. Legal advice will help you develop a system for evaluating performance and documenting the results.
Key aspects of monitoring:
- Keeping a time sheet
- Evaluation of the fulfillment of tasks
- Documentation of violations of labor discipline
- Conducting regular appraisals
- Registration of the results of the probationary period
Correct termination of labor relations
A legal opinion of a lawyer is especially important when it is necessary to terminate an employment relationship. An online lawyer will help you to properly execute all the necessary documents and minimize the risks of litigation.
Question
What are the main grounds for dismissal of an employee in Poland?
Answer
An employee may be dismissed by mutual agreement of the parties, at the initiative of the employee, at the initiative of the employer for valid reasons (violation of labor discipline, failure to perform duties, redundancy), upon expiration of the contract or in connection with retirement. Each reason has its own specifics, so it is important to get a legal analysis of a particular situation and a legal opinion from a lawyer.
Hiring your first employee is a responsible step that requires careful preparation and professional legal support. A lawyer in Warsaw will help you to conduct a legal analysis of all documents and avoid common mistakes. If you do not seek professional help, this can lead to fines, lawsuits, and problems with government agencies. Don't risk your business - contact the legal marketplace KONSULTANT, where experienced lawyers and attorneys will provide you with comprehensive support in solving all issues related to hiring employees in Poland.
