Vacation is vacation… but there comes a time when you finally have to get back to work. Throughout the summer, we've been trying to explain all the vacation options to you, but the vacation period is ending – and with it, we're back to work! In this series of articles, we'll focus on the employment relationship itself, types of contracts, employee and employer responsibilities, and many other aspects related to work.

Before we return to this work, however, let's take a moment to consider the job interview. It would seem that such an interview is not regulated in any way, as the Labor Code contains no provisions regarding its conduct. However, does the employer really have complete freedom in this regard? Can they ask any question? Can they demand any information from a potential employee? This post discusses how to legally prepare for a job interview.

What is worth knowing before a job interview?

Of course, you can prepare and check how much that Trojan horse actually weighed or how many golf balls can fit in a bus. You can creatively explain your weakest points or prepare a pencil sales pitch that would make any car dealer proud. However, in this case, it's mainly about being creative, as it's difficult to answer such questions logically and factually.

But there are questions closely related to our expectations towards the job and the employer, and we are able to prepare for such questions.

What types of contracts are there?

Before attending a job interview, it's worth checking the job posting (employers often provide this information) not only for which position the job is being recruited, but also what type of contract the employer is offering. The most basic type of contract is an employment contract, the terms of which are specifically outlined in the Labor Code. An employee under an employment contract has a clearly defined employment relationship and knows their responsibilities and rights. Any other contract—for a specific task or a contract for specific work—is a civil law contract and is subject to the principle of freedom of contract. The most important feature distinguishing civil law contracts from employment contracts is the lack of subordination to the contractor entrusting the work. This means that a person employed under a contract of mandate is not required to work strictly designated hours and locations by the employer and is not subject to superiors, as an employee would be.

Time and place of work

During the job interview itself, it's worth asking the employer about working hours. If the employer plans to work shifts, what those hours are. Working hours cannot exceed eight hours per day and an average of 40 hours in an average five-day workweek. However, there are exceptions to this rule, which are good to be aware of before starting work.

It may also happen that, due to a number of factors (short deadlines, vacation time), there is more work and overtime will be necessary. However, the employer must consent to overtime; it is not an individual employee's decision. Therefore, before starting work, it is good to know how the employer approaches this issue and whether they comply with the relevant regulations.

The workplace is a crucial element of work. Many changes have occurred in our post-pandemic reality. One significant change is the widespread adoption of remote work. Remote work is now regulated in the Labor Code, and every employer should implement remote work regulations. If we would like to use remote work not only occasionally but permanently, we should outline our expectations in this regard during the interview, so that these arrangements are included in the contract.

“What are your financial expectations?”

The question of salary always comes up during job interviews, but it's most often asked by the employer. Of course, salary depends on the position being applied for, and this article won't answer the age-old question of how much to say to benefit both parties. However, one, or rather two, terms are crucial in this question: gross/net. In other words, net and gross. Net salary is the gross salary minus social security contributions (ZUS): pension, disability, sickness, and health insurance, as well as the advance personal income tax. The amount of deductions depends on the basis of employment. In the case of an employment contract, all contributions are mandatory. Contractors voluntarily participate in health insurance. The salary earned under a contract for specific work is reduced only by the advance income tax (unless you enter into a contract with your own employer). If we get these terms confused, it is always worth clarifying and it is better to clearly state how much net income we want to earn than to be surprised when we receive our first paycheck.

Are you planning to have children?

Let's imagine a hypothetical situation in which two people of similar age and qualifications are invited to a job interview, both suitable for the position, the only difference being their gender. The interview proceeds similarly, with identical questions asked, but at the very end, the man is asked an additional question: "How do you plan to balance your family life with your work at our company?" Absurd, isn't it? So why do women hear this question so often during interviews?

The answer is simple, but employers' approach to hiring and rewarding women is a topic for a completely different and much broader article.

According to the Labor Code, an employer may collect only the following data about a prospective employee: name, date of birth, contact information provided by the person, education, professional qualifications, and previous employment history. Only upon hiring may an employer request additional personal data from the employee. This primarily includes the PESEL number and residential address.

Therefore, if we hear a question related to our private life during a job interview and there is a possibility that our employment will depend on the answer, we can talk about discrimination in this case.

"Any discrimination in employment, direct or indirect, in particular on the grounds of gender, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, denomination, sexual orientation, employment for a fixed or indefinite period, full-time or part-time employment - is unacceptable."

A person against whom an employer or potential employer has violated the principle of equal treatment in employment has the right to compensation in an amount not lower than the minimum wage.

How should you answer such a question? There's no obligation to answer it at all, but it's worth considering whether it's a red flag for your future employer.

A job interview isn't the easiest of conversations, so it's important to prepare not only for the content, but also for the more technical aspects—what can I expect from the employer and to what extent. All the issues discussed today are very important right from the start, so we'll expand on this topic in future alerts. Stay tuned!

This article is for informational purposes only and does not constitute legal advice.

Legal status as of August 24, 2023

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