Homepage Uzupełnienia Obligations and rights of the employee and employer resulting from the conclusion of a contract of employment

Obligations and rights of the employee and employer resulting from the conclusion of a contract of employmentPrint

Main obligations of the employee

The primary responsibility of the employee is tje conscientious and diligent  performance work and adherence to the orders of superiors, unless they are contrary to law or in violation of the contract of employment.

In addition, the employee is required to:

  • comply with the working time conditions set for the employing establishment,
  • comply with labor regulations,
  • comply with the rules and principles of occupational safety and health (including performing work in a manner consistent with safety rules and regulations, ensuring proper condition of machinery, equipment, tools and devices and maintenance of order at work, and to immediately notify the supervisor if an accident or a hazard to human life or health is noticed at the location),
  • promote the good image of the employing establishment, protect its property and respect the confidentiality of information that, if disclosed, could be to the detriment of the employer;
  • respect confidentiality of other information as laid down in separate regulations;
  • comply with the rules of social coexistence at the workplace.

For failure to comply with the established workplace regulations, instructions, safety and health regulations and fire regulations, an employer may punish the employee by giving a warning or a written reprimand.

For failure by the worker to comply with the health and safety legislation or fire regulations, leaving the workstation without justification, appearance at work while drunk or for drinking during working hours, the employer may punish the employee with a fine.

In addition, an employee who, as a result of failure to perform or improper performance of duties for which he is at fault, has caused harm to the employer, shall bear financial liability (compensation equivalent to the damage caused, but not more than 3 monthly salaries of the employee). If the employee willfully caused the damage, he shall  cover the entire cost of repairs.

The employee is responsible for the full amount of the potential damage if the employer has entrusted him with money, securities or valuables, tools, instruments or similar items, as well as personal protective equipment and clothing and footwear with the obligation to return or to account for them.

An employee who has signed a non-competition agreement can not perform any activity competitive to the employer or to be employed under a contract of employment or on any other basis by another employer operating in the same industry. An employer who has suffered damage as a result of the employee breaching this non-competition obligation may claim compensation for the damage from the employee in question.

Basic rights of the employee

  • Work in accordance with the terms of the contract of employment that can not be less favorable than the provisions of labor law.
  • An employee is entitled to equitable remuneration for work. Remuneration for work should be paid at least once a month, at a fixed and predetermined day of the month.
  • Working conditions must comply with occupational health and safety rules.
  • An employee shall be entitled to annual, uninterrupted, paid holiday leave (20 days - if the employee is employed for less than 10 years, 26 days - if the employee is employed at least 10 years).
  • Employees shall have equal rights resulting from performance of the same duties, in particular this concerns equal treatment of men and women in employment;
  • As a rule, an employer may not give notice or terminate an employment contract during pregnancy, as well as during maternity leave of an employee
  • An employee, including a foreigner, has the right to join a trade union.

Main obligations of employers

The employer is obliged to, among other things:

  • familiarize new employees with the scope of their duties, the rules of work performance in a designated position and inform them of the rights of employees,
  • provide safe and healthy working conditions and conduct systematic training in occupational health and safety,
  • pay wages in a timely and proper manner,
  • grant access to the documents on the basis of which the employee's salary has been calculated,
  • to pay remuneration for a period of incapacity for work not exceeding 35 days per year,
  • facilitate the development of employees' professional qualifications,
  • meet the social needs of workers, subject to available resources
  • use objective and fair criteria in the evaluation of employees and the results of their work,
  • create the conditions for exercise of the right to establish an organization associating employees,
  • maintain records relating to employment relationships and personnel files of employees,
  • immediately provide the employee, in connection with the termination or expiration of employment, with an employment certificate (issuance of the certificate can not be subject to prior settlement between the employee and the employer),
  • inform the employee of his right to bring a case to a labour court - what is the  labor court? ->
  • respect the dignity and other personal interests of employees.

In addition, an employer may not terminate a contract of employment during the holiday leave of an employee as well as during any other excused absence from work, if the period entitling the employer to dismissal without notice has not yet expired.

Employees enjoy equal rights for discharging the same duties.

Any other discrimination among workers is prohibited as well - in particular on grounds of age, disability, race, nationality, beliefs (especially political or religious) and union membership.

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