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European Labour Law Network

Written statement of employment conditions

POLAND - The Ministry of Family, Labour and Social Policy announced its intention to introduce an amendment to the Labour Code on the employer’s duty to provide written information on employment conditions. Under the current Article 29 § 2 LC, in the absence of a written employment contract, the employer is obliged to provide the employee with a written statement of his/her employment conditions “at the latest on the day the employee commences work”. It opens room for abuse and the possibility to have recourse to unregistered employment. In case of a Labour Inspectorate control, the employer can claim that the particular employee has just commenced his/her duties and will be provided with the relevant documents before the end of the day.

According to the proposed amendment, the employer would be obliged to provide written confirmation of the employment conditions before the employee commences work.

For information on the initiative, see the Ministry information.

The draft will be subject to public consultation in the near future.

It should be noted that this problem is not entirely new. Such an initiative was submitted in March 2014, but the legislative process has not yet been finalised (see Flash Report 3/2014, point I. 2.A)