Information on the terms of employment of an employee - what should it contain?
The employment contract is not the only document that the employer must provide to the employed employee. The provisions of the Labor Code (LC) impose an obligation on each employer to prepare and provide the employee with the so-called information on employment conditions. What should the information on the terms of employment of an employee look like and what should be included in it? Read on and find out more!
What should the information on employment conditions look like?
The basic document that an entrepreneur must provide to an employee is an employment contract. It must specify the type of work, place of its performance, the amount of remuneration due (along with the specification of its individual components), the number of working hours and the date of its commencement.
Employment contracts are very often drafted in an extremely formal manner, with provisions and complicated deadlines. For this reason, the legislator imposes on each employer the obligation to prepare and provide the employee with the so-called information on the terms of employment - a document that in an accessible and clear way will show the employee the basic principles of his employment relationship.
The provision of art. 29 § 3 - 5 of the Labor Code
§ 3. The employer informs the employee in writing, not later than within 7 days from the date of the employment contract, about:
1) the employee's daily and weekly working time standard,
2) frequency of payment of remuneration for work,
3) the amount of the annual leave to which the employee is entitled,
4) the length of the notice period for the employment contract applicable to the employee,
5) collective labor agreement, which the employee is covered by, and if the employer is not obliged to establish work regulations - additionally at night, place, date and time of payment of remuneration and the adopted method of confirming employees' arrival and presence at work and justifying absence from work.
§ 3. The employee may be informed of the terms and conditions of employment referred to in § 3 points 1-4 by indicating in writing the relevant provisions of the labor law.
§ 3. The employer informs the employee in writing about the change of his employment conditions referred to in § 3 points 1-4, about the employee being covered by a collective labor agreement, as well as about the change of the collective labor agreement to which the employee is covered, immediately, but no later than within 1 month from the date of entry into force of these changes, and in the event that the termination of the employment contract would take place before that date - no later than by the date of termination of the contract.
§ 3. An employee may be informed of a change in his terms of employment, as referred to in § 3 points 1-4, by indicating in writing the relevant provisions of the labor law.
§ 4. Any changes to the terms of the employment contract must be made in writing.
§ 5. The provisions of § 1-4 shall apply accordingly to employment relationships established on a basis other than an employment contract.
The obligation to prepare information on employment conditions applies to every employer - both those who employ only one employee, and workplaces employing hundreds of subordinates.
Information on employment conditions - what should it contain?
The above-mentioned provision lists the data that should be included in the information on employment conditions. These are:
daily and weekly working time standard (e.g. 40 hours a week, 8 hours a day);
the frequency of payment of remuneration for work (e.g. once a month, by the 5th day of the following calendar month);
the amount of vacation leave that the employee is entitled to (e.g. 26 days in a calendar year);
length of the notice period (e.g. 3 months);
information on the collective labor agreement that is in force at the given employer.
If the workplace does not have a collective labor agreement or work regulations, then the information on the terms and conditions of employment must contain additional provisions regarding:
night time hours;
the rules for the payment of remuneration (place, time and date);
the method of confirming arrival and presence at work adopted in the company;
the company's method of justifying absences from work.
Information on the terms of employment of an employee must be in writing.
The employer has 7 days to provide the employee with information on the terms of employment - this period is counted from the date of conclusion of the employment contract.
The employer must ensure that the seven-day deadline for providing the employee with a document containing information on employment conditions is met. Importantly, this period is counted in each case from the date of signing the employment contract.
On April 1, 2019, Jan Kowalski concluded an employment contract with ABC sp.z o.o. The content of the contract shows that Jan Kowalski will not start performing his official duties until June 1, 2019. ABC sp.z o.o. has seven days to provide his newly hired employee with information about the terms of employment, and this period is counted from the date of signing the contract, i.e. from April 1, 2019. The date of actual commencement of work does not matter for the obligation to provide information.
Information on employment conditions should be made in two copies - for the employer and for the employee. On the copy belonging to the employer, the employee should confirm receipt of the document and read its content with his / her own signature.
The provisions of the Labor Code indicate that information on the terms of employment of an employee may be prepared in two ways: in a descriptive form or in a simplified form, consisting in indicating the relevant provisions of the labor law. Due to the nature of the document, which is the information on employment conditions and its purpose, it seems appropriate to use a descriptive form that will explain the rules of employment to the employee in an accessible way.
Moreover, not all information may be included in the information solely by reference to the regulations - if the Labor Code gives the employer a choice (e.g. with regard to determining the hours of the night or working time), the information on the terms and conditions of employment must contain precise provisions relating to a specific employee and resulting from the contract concluded with this employee.
Information on the terms of employment should be provided to the employee regardless of the basis of his employment - it does not matter whether the entrepreneur employs an employee on the basis of an employment contract for an indefinite period, for a specified period, only for replacement or, for example, by appointment.
The above-mentioned list of information results from the provisions of the Labor Code - this catalog is not exhaustive. The indicated data must be included in the information obligatorily, but the employer may include other information in this document if he deems it necessary from the point of view of his interests and the interests of the newly hired employee. For example, the employer may include provisions regarding the employee's obligations or benefits due to employment in the information on employment conditions.
Start a free 30-day trial period with no strings attached!
Information on employment conditions - when does the employer have to update it?
Pursuant to the provisions of the Labor Code, the employer is obliged not only to provide the employee with information on the terms of employment when concluding the contract and establishing the employment relationship, but also to update the information whenever the terms of employment change. The obligation to update applies to the situation:
changes to the terms of the contract;
the employee is covered by a collective labor agreement;
changes to the provisions of the collective agreement.
Updating the information should be provided to the employee immediately, not later than within 1 month from the effective date of the changes. Updating the information on the terms and conditions of employment may only take the form of an annex to the previously provided information, or it may constitute a new document containing data on all terms and conditions of employment.