2014-07-03
How to recruit staff without breaking the law

Polish law prohibits the use of civil-law (or "freelance*) contracts instead of an employment contract if the work is to be performed under conditions typical for an employment relationship. This would be work under the direction, and at the risk, of the employer and at the time and place indicated by him. In such case a civil-law contract could be deemed by the court to be an employment contract.

Polish law does not contain an exhaustive list of the grounds for discrimination, but prohibits unequal treatment of candidates and employees for any reason. At the pre-recruitment stage, it's important to ensure that the job ad and the recruitment process do not discriminate. 'Positive discrimination' may legally be applied only in instances set forth in the law. I would like to encourage to read our article on how to recruit the staff without breakindg the law. Cooauthor of the text is Gerad Karp, Partner, Head of Privacy, Information and Communication Technologies Team & Electronic Communications Team. Read more>



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We discuss the current labour law, legal judgments and interpretations issued
by the National Labor Inspectorate and the Polish Ministry of Labour and Social Policy.

 

We follow and comment on legislation and refer to the current problems
in the field of Polish labour law.

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