Employment contract – what you should know about it…

Employment contract – a legal act that consists in the submission by the employee and the employer of unanimous declarations of will, which confirm the employee’s obligation to perform a specific type of work for the employer and under his direction and at the place and time designated by him. On the other hand, the employer undertakes, by means of an employment contract, to employ an employee for remuneration.

The employment contract should be in writing. Otherwise, the employer should confirm the arrangements in writing (parties to the contract, type of contract, terms of the contract) no later than on the date of commencement of work by the employee.

Getting started at work…

The employee must undergo preliminary medical examinations, confirmed by a medical certificate stating that there are no contraindications to work in a given position. The cost of such tests is covered by the employer. He must also take care of the initial training of the employee in the field of health and safety at work. Health and safety training takes place during working hours and also at the employer’s expense.

What rights does the employee have

An employment contract gives the employee more rights and privileges than civil law contracts. The employee has the right, inter alia, annual leave. It is 20 days if the length of service for all employers is shorter than 10 years, or 26 days if the length of service is at least 10 years. The periods of study (these periods are not added up) are included in the period of work on which the amount of leave depends.

In addition to the leave, the employee is also entitled to protection of remuneration for work. The employer should pay the employee remuneration at a fixed and agreed date at least once a month, but not later than during the first ten days of the following month. At the employee’s request, the employer is also obliged to provide the documents on the basis of which the amount of remuneration was calculated. It should be borne in mind that the minimum wage is determined every year by an ordinance of the Minister of Labor and Social Policy.

Termination of the employment contract

The contract will be resolved:

• by agreement of the parties,
• by a declaration of one of the parties with a notice period (termination of the contract with notice),
• by a declaration of one of the parties without notice (termination of the contract without notice),
• with the passage of time for which it was concluded.

The notice period is a legal instrument constituting a specific safety buffer for the party of the employment relationship whose employment contract has been terminated. An employment contract is terminated by notice after the lapse of the notice period. This means that the legal effect of submitting a declaration of will to terminate the contract does not take place immediately, but is postponed. During the notice period, the employer and the employee have basically the same obligations and rights to each other as before.