Migrant EN

Main obligations of the employee 

The primary responsibility of the employee is a conscientious and diligent  performance work and adherence to 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 occupation 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 employer’s. 

For failure to comply with the established work order, work regulations, 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 his/her duties for which he/she is at fault, has caused harm to the employer, such employee shall bear the financial responsibility for it (compensation in the amount of damages caused, but no higher than 3 monthly salaries of the employee). If an employee willfully caused the damage, he/she shall completely cover the cost of repairs.

The employee is responsible for the full amount of the possible damage if an employer entrusted him/her 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 breach by the employee of his/her non-competition obligation, may claim compensation for that 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 the 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 the fulfillment of the same duties, it concerns in particular equal treatment of men and women in employment;
• As a rule, an employer may not give notice or terminate the employment contract during pregnancy, as well as 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 others: 

• familiarize the 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 of systematic training inOSH,
• pay wages in a  timely and correct manner,
• grant access to the documents on which basis the employee's salary has been calculated,
• to pay remuneration for the period of incapacity for work not exceeding 35 days per year,
• facilitate development of professional qualifications of the employees,
• meet, within available resources, the social needs of workers,
• use objective and fair criteria for the evaluation of employees and the results of their work,
• create the conditions for exercise of the right to create an organization grouping the employees,
• maintain records relating to the employment relationship and personal 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/her right to bring a case to a labour court - what is the  labor court? ->
• respect the dignity and other personal interests of the employees. 

In addition, the employer can 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 have equal rights for discharging the same duties. 

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