Once a candidate has accepted a job offer, the next step is to begin fulfilling it. In this situation, the employer is obligated to take numerous actions and provide the employee with a range of information within a specified timeframe. In this article, we will attempt to systematize the employer's obligations, particularly regarding disclosure requirements. What are the consequences of failure to fulfill these obligations?
Employer's obligations before admitting an employee to work
However, before an employee starts work, the employer has obligations related to preparing the employee for work, such as: completing initial formalities, preparing a contract, issuing a referral for employee medical examinations, organizing occupational health and safety training, establishing personnel files, keeping records of working time, as well as registering the employee for mandatory insurance.
Consequences of failure to fulfill obligations before being allowed to work
The employer is solely responsible for failure to meet these obligations. For example, if the employer fails to conduct a medical examination to determine whether there are no contraindications to performing work in a given position, the employer is subject to penalties. Failure to complete occupational health and safety training also exposes the employer to criminal liability.
Moreover, the employer may be held liable under civil law and therefore obliged to pay appropriate compensation for neglecting his duties.
Information obligations for employers
It should be emphasized here that, in accordance with the amendment to the Labor Code of April 26, 2023, the list of information that employers are required to provide to employees has been expanded. This refers to Article 29 § 3 item 1 of the Labor Code, according to which employers must inform employees in paper or electronic form, provided that the employee has the ability to print and store the information, and the employer retains proof of providing it to the employee.
Is the employer obliged to fulfil the information obligation within a specified period?
According to the regulations, the employer must provide the necessary information no later than 7 days from the date the employee is admitted to work.
The individual nature of the information obligation. What does it mean?
This obligation is individual in nature, meaning it will only be fulfilled when the employer actually submits a personalized declaration with specific content to a specific employee. Importantly, sending the declaration collectively to all employees is not sufficient.
The obligation is also preliminary in nature, which means that its implementation takes place when the employee is employed.
The scope of the information obligation
The subject of the reporting obligation is defined in considerable detail in §3 of the aforementioned provision of the Labor Code. It lists the following information that the employer must disclose to the employee.
Information about the working time system
The employer is obligated to provide information regarding the applicable daily and weekly working hours and their dimensions, as well as the rules regarding overtime and compensation for it, and in the case of shift work, the rules for switching to shift work. If an employee performs work in different locations, the employer is obligated to inform them about the rules regarding travel between work locations.
Salary Information
At this point, the employer must inform the employee about remuneration components and benefits in cash or in kind other than those specified in the employment contract. If the employer has not specified these in the work regulations, they must provide information about the date, place, time, and frequency of remuneration payments, as well as the night shift, and the employer's usual procedure for confirming arrival and presence at work, as well as for justifying absences.
Information related to rest at and from work
It's common knowledge that employees are entitled to breaks, vacations, and rest periods, as we mentioned in previous articles in this series. However, employers must inform employees about the length and number of breaks. The same applies to the daily and weekly rest periods to which employees are entitled. Furthermore, employers must provide information about the amount of leave to which employees are entitled, particularly vacation leave, or, if possible, specify the procedures for granting and determining it at the time of providing this information to the employee.
Procedures for termination of employment
The employer is obliged to indicate the procedures for terminating the employment contract, i.e. formal requirements, length of the notice period, deadline for appealing to the labour court, and the method of determining such notice periods.
Information obligation in the event of changes in employment conditions
It should be emphasized that in the case of changes to employment conditions, the scope of the disclosure obligation is somewhat broader. In addition to the information indicated above, the employer is also obligated to inform the employee of the fact that they are covered by a collective bargaining agreement or other collective agreement, as well as of a change of address. Importantly, the regulations do not require the employer to inform the employee of changes to employment conditions resulting from changes in labor law or social security law, if these provisions were indicated in the information provided to the employee.
What happens if an employer fails to fulfill the information obligation?
According to the regulations, employers are responsible for providing information to employees. Therefore, if they fail to timely inform an employee about the terms and conditions of their employment, and thereby flagrantly violate the provisions regarding the obligation to provide information, they are deemed to have committed a misdemeanor. As a result, they may be fined from PLN 1,000 to PLN 30,000.
However, what is meant by the term "gross"? Criminal case law emphasizes that a gross violation of the law is a "severe" or "persistent" violation, although in the context of employee duties, the criterion of "severity" is problematic. Therefore, it seems that a gross violation is simply failing to notify an employee within the statutory deadline.
Summary
As you can see, the obligation to provide information undoubtedly impacts the security of mutual relations in employment relationships. Employees have a clear understanding of their situation and know what to expect when starting work for a given employer.
If you are an employer and don't know how to regulate your relationships, or an employee and are curious about your rights, please contact us!
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 14, 2023
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