Employment contract - what to pay attention to when signing it?
The employment contract should be concluded in writing. If this form has not been followed, the employer is required to confirm the contractual arrangements in writing no later than on the day the employee commences work. Importantly, this document should be attached to the employee's personal file.
Employment contract - what documents can the employer request?
When concluding an employment contract, the employer may require the following documents:
- a completed personal questionnaire for a job applicant,
- employment certificates from previous workplaces or other documents confirming employment, covering periods of work falling in the year in which the employee will be employed,
- a medical certificate confirming the absence of contraindications to work in a specific position,
- all certificates and certificates confirming the professional qualifications required to perform a given job,
- other documents, if the obligation to submit them results from separate regulations.
The employed person has the right to present the employer also with other documents, such as letters with references or materials, which constitute the basis for exercising special rights in the scope of the employment relationship. Importantly, these documents must contain data legally permitting their disclosure and be provided on the applicant's own initiative.
The employer may not require the candidate or the employee to provide information about a possible pregnancy, if the work performed is not prohibited for women who are expecting a child. The situation is similar with the certificate of a clean criminal record from the National Criminal Register - if the employment contract does not require a clean criminal record when employed at a given position, the employer may not require such a document to be presented.
Employment contract - what it should contain
The employment contract should specify, first of all, the parties to the contract, its type (e.g. a contract for a trial period, a fixed-term contract), the date of its conclusion and the terms of work and pay, including in particular:
- type of work,
- place of work,
- date of commencement of work,
- remuneration for work corresponding to the type of work, with an indication of the remuneration components,
- working hours.
Indication of the type of work performed is a necessary condition for concluding an employment contract. Without this information, the contract will not be concluded. However, if this document does not specify the working time, it is assumed that it will be performed full-time. Also, in the absence of an indication of the date of commencement of work, it is assumed that it will take place on the date of conclusion of the employment contract.
The amount of remuneration in the employment contract
When signing an employment contract, it should be remembered that a full-time employee cannot receive a salary lower than the minimum wage, which is determined in accordance with the ordinance of the Council of Ministers. This obligation is a fundamental guarantee of the protection of the employed person against exploitation.
From January 1, 2018, the minimum remuneration for work will be PLN 2,100 gross.
In 2017, it amounts to PLN 2,000 gross
If the employee is employed part-time, the amount of remuneration is determined in proportion to the employment period.
Employment contract and the information obligations of the employer
According to Art. 29 par. 3 of the Labor Code, the employer is obliged to inform the employee within 7 days from the conclusion of the employment contract about:
- frequency of payment of remuneration for work,
- the daily and weekly working time standard applicable to the employee,
- the length of the notice period for the employment contract,
- the amount of the holiday leave to which the employee is entitled,
- the collective labor agreement the employee is covered by.
In a situation where the employer is not obliged to establish work regulations, he should inform the employee about night work, the date, place and time of payment of remuneration and about the adopted method of confirming the arrival and presence at work by employees and justifying the absence.