Labor law / HR

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Sawicki & Partners Law Office in Warsaw offers comprehensive legal assistance in the field of labour law for small, medium and large enterprises. What distinguishes us is our individual approach to clients and professional advice. Many years of practice have enabled us to gain valuable experience which, together with our continually expanded knowledge, allows us to provide legal services of the highest quality.

The offer of our law office in Warsaw includes, among others:

representing the interests of our clients before state authorities during ongoing judicial and administrative proceedings,
preparation of relevant documents in the area of labour law – including, among others, applications, contracts, work and remuneration regulations
comprehensive advisory services connected with employment of employees – in particular preparation of necessary documentation depending on the form and nature of employment,
assistance and legal support during redundancies – both in the case of a termination of cooperation with individual employees as well as group dismissals,
preparing and drafting legal documents which will adjust the enterprise to the current legal status – this includes preparing internal regulations, procedures and other documents which are necessary for the proper and legal course of work in a given company
designing and creating individual strategies and structures related to the observance and protection of personal data and information within the company,
advice and participation in relations with trade unions.

Comprehensive legal assistance of the Law Office in Warsaw

By using the services of our law office, our clients gain a reliable partner for whom the development of the client’s enterprise is a priority. Our experienced team of lawyers will make every effort to meet the client’s expectations and offer the most advantageous solutions. In order to provide additional flexibility, we also provide services in foreign languages (English, Russian, Ukrainian), which enables us to maintain ongoing contact also on an international level.

Benefits resulting from regular cooperation with our Law Office

By cooperating with our law firm, clients also gain a number of benefits, which include:
comprehensive legal services and a flexible choice of services,
gaining legal security, which enables further development of the company,
a guarantee of the highest quality of services provided,
a representation of Clients’ interests during court disputes, negotiations and mediation proceedings,
a protection and care for the good name of the represented Clients.

We offer legal services both in the case of individual orders, as well as during long-term business cooperation. We believe that the experience we have gathered over the years, combined with our qualified team of lawyers, allows us to provide services of the highest quality, which results in the trust of our Clients.

Comprehensive legal services of Sawicki & Partners Law Office in Warsaw – take advantage of Warsaw Law Office’s services

Our law office also offers a number of separate services related to other branches of law, thanks to which we offer comprehensive legal services. In order to ensure maximum comfort and security, we approach each case in a meticulous and thorough manner. We assess the possible risks and inform the Client about every detail of the conducted case, therefore the Clients retain full insight into all significant aspects of the conducted proceedings, having the possibility to decide about further actions.

By using the legal services of Sawicki & Partners Law Office in Warsaw, our clients gain comfort, time, safety and a guarantee of successful cooperation. Please feel free to contact us – our lawyers will propose the most advantageous solution to your case, taking into account your expectations. We also encourage you to take part in online consultations.

1. Employer

Professional legal advice in the field of labour law is the basis for employers to apply the most favorable employment model for their employees and to form proper relations with their employees. Our law office’s goal is to provide comprehensive support to employers at every stage of hiring employees and co-workers. We encourage employers to use our legal services in Warsaw.

Sawicki & Partners’ team of experienced lawyers and experts offers comprehensive legal services including:

• preparation of legal opinions in the scope of individual and collective labour law – we prepare legal opinions which enable the employer to identify and solve the arising problem and improve the employment system in the workplace. Prepared opinions are aimed, among others, at assessing whether hiring new employees or dismissing the current ones will achieve the intended purpose. We advise on and present possible solutions to the situation, taking into account the risks associated with a given course of action. Individual labour law regulates the legal relationships between employers and employees. These relationships are between the individual employee and the individual employer. The individual labour law covers in particular the issues related to the creation and termination of an employment relationship, the content of an employment relationship, remuneration and working time. The collective labor law regulates the legal relations between the employer and all employees. The collective labour law covers, among others, the issues of collective dismissals, trade unions and the right to strike.
• preparation of employment contracts, managerial contracts and non-competition agreements – we will prepare the necessary agreements and contracts to ensure effective and optimal employment of employees, taking into account the obligation to pay contributions to the Social Insurance Institution and income tax. We help secure the employer’s interests regarding non-competition both during the term of the employment contract and after its termination or expiration. An employment contract is a mutual obligation of the employee and the employer. The employee undertakes to perform specific work for the employer and the employer undertakes to pay the employee a specific salary. An employment contract should be concluded in a written form and it can be concluded for a trial period, for a definite period of time or for an indefinite period of time. The managerial contract is a contract between the entrepreneur and the customer, who under the contract undertakes to manage the affairs of the enterprise. The managerial contract is characterized by the fact that the service recipient decides on his own how the company will be managed and has full freedom in managing it, which a person in an employment relationship does not have. The non-compete agreement contains primarily the employee’s undertaking not to engage in competitive activities during the employment relationship or after termination of employment.
• preparation of internal employer’s acts, i.a. work and remuneration regulations – we provide assistance in creation and implementation of internal employer’s acts which normalize work conditions, remuneration and OHS rules. Work regulations are one of the internal acts of an employer. This document regulates the organization and order of the workplace, as well as defines the rights and obligations of the employer and employee. The work regulation cannot contain provisions that are less favorable for the employees than the provisions of the labor code or other laws and executive acts. The employer, who employs at least fifty employees, is obligated to introduce work regulations, if the matters included in the subject of the regulations have not been regulated in the collective agreement in a sufficient way. The remuneration regulations are an internal act of the company, which defines the conditions of remuneration for work and granting other benefits related to work. The employer is obliged to introduce remuneration regulations if he employs at least fifty employees who are not covered by a company collective labour agreement or a supra-company collective labour agreement.
• representation of employers in court disputes – we represent employers in court disputes with employees. We analyze documents, determine an effective litigation strategy and advise on the most advantageous solutions. We assist our clients both in cases brought by employees in matters concerning, among others, determination of the content of employment contracts, termination of employment contracts, reinstatement of employment, protection of personal rights, or payment of remuneration, and in cases brought by employers in matters concerning, among others, material liability of the employee or gross breach of employee duties.
• representation of employers before the National Labour Inspectorate, tax authorities and the Border Guard – we provide comprehensive representation of our clients in administrative proceedings. We assist at the stage of inspection in the preparation of necessary documentation and implementation of solutions recommended by the inspection authorities in the workplace. We provide assistance to both domestic and foreign entities. We actively participate in inspections by maintaining regular contact with the inspecting entity. The State Labor Inspectorate is a body for control and supervision over labor law compliance. The National Labor Inspectorate inspects, in particular, the employer’s compliance with regulations governing safety and health at work, remuneration for work and other benefits related to the employment relationship, working hours, vacations, or the employment of juveniles and disabled persons. A tax authority conducts a tax audit in order to verify whether individual entities comply with their tax obligations imposed on them by law. The audit is carried out at taxpayers, payers, collectors and legal successors. The Border Guard inspects the legality of the performance of work by foreigners, the performance of business activities by foreigners and the commissioning of work to foreigners.
• representation of employers in negotiations with company trade unions and employee representatives – we care about building relationships with all employee organisations. We strive to prepare and implement solutions allowing to finalise as soon as possible the case concerning, in particular, collective redundancies, termination of employment contracts, changes of work and pay conditions or introduction of internal acts which regulate the rights and obligations of employees. Trade unions are organizations that bring together workers on a voluntary basis. A trade union may be established by at least ten persons entitled to its establishment, and the tasks of the union include, among others, cooperation in creating internal acts of the company, expressing a position on matters important for employees and protecting broadly understood employee interests.
• legal advisory and preparation of documentation covering the transition of an employment establishment – we support our Clients in the process of transferring an establishment. We prepare the necessary documentation and implement solutions taking care of securing the interests of the acquirer of the employment establishment. Transfer of an establishment involves a change of the entity managing the establishment or its organized part. It means that the purchaser of a work establishment becomes, by operation of law, the new employer of the persons employed in the acquired establishment.
• legal advice and representation of employers in mobbing,unequal treatment and discrimination cases – we assist employers in cases with employees alleging mobbing, unequal treatment and discrimination. We will address employee claims and explain that not every behavior by an employer that an employee does not like is mobbing. Mobbing includes actions or behavior concerning an employee or directed against an employee, consisting of persistent and prolonged harassment or intimidation of an employee, causing the employee to be undervalued in terms of professional usefulness, causing or intended to cause humiliation or ridicule of the employee, isolating the employee or eliminating the employee from the team of co-workers. Labor law also provides for two forms of discrimination. Direct discrimination is when an employee was, is, or could be treated less favorably than other employees in a comparable situation. Indirect discrimination on the other hand exists when, as a result of an apparently neutral provision, criterion applied or action taken, there is, or could be, an unfavourable disproportion or a particularly unfavourable situation with regard to the establishment of the employment relationship, termination of the employment relationship, conditions of employment, promotion, access to training in order to improve professional qualifications, towards all or a significant number of employees belonging to the group distinguished due to one or more of the reasons indicated in the Labour Code.
• legal counseling for employers in the area of employment and legalization of work and stay of foreigners – we assist employers in the process of employment of foreigners in Poland. More information about legalization of work and stay of foreigners is available in the section – Migration Law – Employer.
• organization of remote work – for many entrepreneurs remote work is currently the only solution to ensure the effective continuation of their business. We assist employers in ensuring that the recruitment and employment process by means of telecommunication complies with current legislation. We support employers in establishing and terminating employment relationships, as well as assist in the verification of duties performed by employees via telecommunications.
• trainings – we organize trainings which give an opportunity to broaden knowledge in the field of labour law. The purpose of our trainings is to provide the necessary advice to allow practical application of labor law regulations in the workplace.

The above mentioned are only examples of basic legal services provided by our team of lawyers and experts in the area of labour law. Our offer also includes other services, which are impossible to list here due to the fact that labor law covers an extremely wide range of regulations. We encourage you to contact our lawyers, also in the form of online consultations.

2. Employee

Professional legal advice in the field of labor law is the basis for the proper protection of employees’ interests. The goal of our law office is to provide comprehensive support to the employee at every stage of employment. If you need legal assistance, please contact lawyers at Sawicki & Partners Law Office in Warsaw.

Our team of experienced lawyers and experts offers comprehensive legal services including:

• preparation of legal opinions on individual labour law – we prepare legal opinions which enable an employee to identify and solve the problem that has arisen. These analyses are aimed at assessing the risk connected with a given course of action and the legitimacy of pursuing a case in court, thus constituting an effective tool for securing the interests of our Clients. Individual labour law regulates legal relations between an employer and an employee. These relations concern a specific employee and a specific employer. Individual labor law covers, in particular, issues related to the creation and termination of an employment relationship, the content of the employment relationship, remuneration and working time.
• analysis of employment contracts, managerial contracts and non – competition agreements – we analyze and consult employment contracts, managerial contracts, non-competition agreements and other agreements concluded by the employee with the employer. We secure the interests of employees at the beginning of the employment relationship, during the employment relationship and after its termination. We effectively negotiate the terms and conditions of employment and non-competition clauses during and after the employment relationship. An employment contract is a mutual obligation of the employee and the employer. The employee undertakes to perform certain work for the employer, and the employer undertakes to pay the employee a certain remuneration. An employment contract should be concluded in writing and it can be concluded for a trial period, for a definite period of time or for an indefinite period of time. The managerial contract is a contract between the entrepreneur and the recipient of the service, who under the contract undertakes to manage the affairs of the enterprise. The managerial contract is characterized, among others, by the fact that the service recipient decides on his own how the company will be managed and has full freedom in managing it, which a person in an employment relationship does not have. The non-compete agreement contains, first of all, the employee’s commitment not to engage in any competitive activity during the employment relationship or after termination of employment.
• representation of employees in court disputes – we develop an effective litigation strategy and advise on optimal solutions to protect employee rights. We represent employees in court disputes arising under labor law. We provide ongoing legal advice to employees, conduct negotiations with the employer and prepare pleadings during court proceedings, providing comprehensive legal representation in cases involving, among others, determination of the existence of employment relationship, unjustified termination of employment, reinstatement, enforcement of severance pay or payment of outstanding remuneration.
• legal counselling and representing employees in cases of mobbing, unequal treatment and discrimination – we provide our clients with support in identifying and preventing undesirable behaviours at work concerning mobbing, prohibited unequal treatment and discrimination. Mobbing means actions or behaviours concerning an employee or directed against an employee, consisting in persistent and long-term harassment or intimidation of an employee, resulting in lowering his evaluation of his professional usefulness, causing or aimed at degrading or ridiculing an employee, isolating him or eliminating him from his team of co-workers. Labor law also provides for two forms of discrimination. Direct discrimination is when an employee was, is, or could be treated less favorably than other employees in a comparable situation. Indirect discrimination on the other hand exists when, as a result of an apparently neutral provision, criterion applied or action taken is, or could be, an unfavourable disproportion or a particularly unfavourable situation with regard to the establishment of the employment relationship, termination of the employment relationship, conditions of employment, promotion, access to training in order to raise professional qualifications, with respect to all or a significant number of employees belonging to the group distinguished due to one or more reasons indicated in the Labour Code.
• legal advisory in the area of employment and legalization of work and stay of foreigners – we assist foreigners in obtaining necessary permits for legal stay and performance of work in Poland. More information about legalization of work and residence of foreigners is available in the section Migration Law – Foreigners.

It is worth mentioning that the above are only examples of basic legal services provided by a team of lawyers and experts of Sawicki & Partners law office in Warsaw in the area of labour law. Our offer also includes other services, which cannot be listed here, as labor law covers an extremely wide range of issues. Please feel free to contact us.

3. Social security and pension law

Professional and comprehensive legal advice in the field of social security is the basis for granting due benefits to the insured person. The aim of our law office is to provide professional and reliable support to our clients at every stage of the proceedings. Sawicki & Partners Law Office in Warsaw – offers assistance in all matters concerning social security and pension law.

A team of experienced lawyers and experts at Sawicki & Partners Law Office in Warsaw offers comprehensive legal services including:

• verification of entitlement to a pension, allowance or compensation – we provide support to our Clients in determining their entitlement to social insurance benefits and assist in the preparation of the necessary documentation. A pension is a cash benefit paid to persons who have reached retirement age and have decided to stop working. It should be remembered, however, that retirement is a right, not an obligation. The pension is a cash benefit. This benefit provides the person entitled to it with necessary financial means in certain life situations, that is why one can distinguish, among others, disability pension, survivor’s pension or social pension. The benefit also belongs to the cash benefits and it is paid for the time of inability to work. The primary function of the benefit is to compensate for lost wages in connection with the occurrence of inability to work. One-time compensation is a cash benefit to which the insured is entitled in the event of inability to work due to an accident at work or occupational disease which results in permanent or long-term damage to health.
• assessment of the existence or non-existence of the contribution obligation – we provide professional assistance in determining the existence of the contribution obligation. The obligation to insure and the obligation to pay contributions due is inextricably linked with running a business in any legal form. The emergence and expiration of the obligation to insure depends on the basis for being insured.
• preparation of appeals against the decisions of social security authorities – we prepare appeals against the decisions of social security authorities, we analyse and assist in gathering the necessary documentation confirming the right to receive the requested benefit. A social security office is an organisational unit of the Social Insurance Institution (Zakład Ubezpieczeń Społecznych – ZUS) competent to issue decisions regarding pensions and benefits. It is primarily responsible for awarding and paying pensions, allowances and other cash benefits.
• preparing objections against the decisions of aviation medical examiners (AME) and appeals against the decisions of medical boards – we provide legal assistance in preparing appeals against the decisions of the AME and medical boards and conduct administrative and court appeal proceedings. An aviation medical examiner is a specialist who issues decisions for the Social Insurance Institution, including decisions regarding the inability of an insured person to perform work. The examination’s decisions may be appealed to the medical board. The medical board, as a higher instance than the certifying physician, issues its decisions in a three-person composition. The decisions of the committee can be appealed to court.

The above mentioned are only examples of basic legal services provided by a team of lawyers and experts of Sawicki & Partners Law Office in Warsaw in the area of social security and pension law. Our offer also includes other services, which are impossible to list due to the fact that social insurance law covers an extremely wide range of regulations. Please feel free to contact us in person or via online consultation.