Legal grounds for redundancy
The redundancy procedure in Polish companies is regulated by labor law, which sets clear rules and restrictions for employers. For employees, especially foreigners, a thorough legal analysis of the situation is critical to understanding their rights and remedies. The employer must have good reasons for the dismissal, which must be substantiated and documented. a legal analysis of the documents related to the dismissal will help determine the legality of the employer's actions.
The main legal grounds for redundancy:
- Economic difficulties of the company;
- Reorganization or change of the company's structure;
- Technological changes that lead to a reduction in the need for staff;
- Elimination of certain positions or departments.
legal advice will help to understand whether the situation in the company meets the legal grounds for redundancy. the legal opinion of a lawyer on a particular case can be a key factor in protecting the rights of an employee during the redundancy procedure.
The procedure of notification of redundancy
Polish labor law establishes clear requirements regarding the procedure for notifying employees of the upcoming redundancy. a legal review of the documents at this stage can help identify possible violations by the employer. It is important to understand that failure to comply with the established procedure may be grounds for appealing the dismissal decision.
Key aspects of the notice procedure:
- The term of notice of dismissal;
- Form of notification (written, oral);
- Information about the reasons for the dismissal;
- Offers of alternative positions (if any);
- Explanation of the employee's rights in case of redundancy.
A legal analysis of the situation will help determine whether all the necessary procedures were followed when notifying you of the reduction. an online lawyer can provide detailed advice on your rights and possible actions in response to the notice of reduction.
Question
Does the employer have the right to dismiss an employee without notice in case of redundancy?
Answer
No, an employer does not have the right to dismiss an employee without notice in the event of redundancy in Poland. The labor law requires compliance with the established notice periods, which depend on the employee's length of service with the company. The minimum notice period is usually 2 weeks for employees who have worked for less than 6 months and can be up to 3 months for those who have been with the company for more than 3 years. Failure to comply with these terms may be grounds for challenging the dismissal and obtaining compensation. In case of violation of this requirement by the employer, it is recommended to immediately seek legal advice to protect your rights.
Employee rights in case of redundancy
In the event of redundancy, employees in Polish companies have a number of important rights protected by labor law. A legal analysis of the documents related to redundancy will help determine whether all employee rights have been respected. It is important to understand that some categories of employees have additional protection from dismissal.
Fundamental rights of an employee in case of redundancy:
- The right to severance pay;
- The right to keep the job during the notice period;
- The right to receive a written explanation of the reasons for dismissal;
- The right to priority employment when the position is restored;
- The right to appeal the decision to dismiss in court.
A lawyer in Poland can provide detailed information on each of these rights and assist in their realization. A legal opinion of a lawyer on your specific situation can be critical to protect your interests during the redundancy procedure.
Severance pay and compensation
The issue of severance pay and compensation in the event of redundancy in Polish companies is one of the key aspects of protecting employees' rights. a legal analysis of the situation will help determine what kind of payments you are entitled to and how to calculate them correctly. It is important to understand that the amount of severance pay may depend on the length of service in the company and other factors.
Key aspects of severance pay and compensation:
Calculation of severance pay;
Additional compensation for unused vacation time;
Possibility to receive compensation for moral damages;
Taxation of severance pay;
Terms of payment of compensation.
An online lawyer can provide detailed advice on how to calculate and receive all payments due to you. analysis of documents, such as employment contracts and payslips, will help determine the exact amount you can claim.
Appealing against the decision to make you redundant
If an employee considers the decision to dismiss him/her unlawful or unjustified, Polish law provides for the possibility of appealing such a decision. a legal opinion from a lawyer on the prospects of appealing may be a key factor in deciding on further actions. It is important to understand that the appeal process has its own deadlines and procedures that must be strictly followed.
Key aspects of appealing a redundancy decision:
- Deadlines for filing a complaint or lawsuit;
- Documents required for appeal;
- Possible grounds for recognizing redundancy as illegal;
- Procedure for handling labor disputes in Polish courts;
- Possibilities of pre-trial settlement.
written advice from an experienced lawyer can help you assess the chances of a successful appeal and develop an effective strategy for protecting your rights. a lawyer in Warsaw can provide professional assistance in preparing the necessary documents and representing your interests in court.
Reducing the staff in a Polish company is a complex process that requires careful compliance with the law and respect for the rights of employees. For employees, especially foreigners, understanding their rights and options for protection is critical. A legal analysis of each specific situation, a legal opinion on the legality of the employer's actions and a thorough analysis of documents by a professional lawyer can be key factors in protecting your interests. It is important to remember that Polish labor law provides employees with significant guarantees and protection mechanisms, but the effective use of these tools often requires professional legal support. An attorney specializing in Polish labor law can provide invaluable assistance at every stage of the redundancy process - from analyzing the grounds for dismissal to representing your interests in court, if necessary. If you are faced with a situation of redundancy in a Polish company, do not neglect your rights and the possibilities of protecting them. Contact the legal marketplace KONSULTANT, where you can find qualified lawyers and attorneys specializing in labor law and protection of employees' rights in Poland. Entrust the protection of your labor rights to professionals and ensure a fair and legal solution to the redundancy situation. Remember that timely and professional legal support can not only protect your rights, but also open up new opportunities for your professional development, even in a difficult situation of redundancy.
