Obligations of an employer hiring employees

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Are you an employer and are you currently hiring new employees? Remember that before and just after signing the employment contract, you have a number of obligations to fulfill. We write in detail about the employment contract, documents that you should collect and other obligations incumbent on you as an employer. Be sure to check what are the obligations of an employer hiring employees!

The employer's obligations prior to entering into a wage contract

  1. The employer completes the documents regarding the future employee - i.e. his application along with a CV, cover letter and possible portfolio, employment certificates received from previous employers, certificates confirming his professional qualifications, higher education, certificates, etc. Of course, the employer cannot demand that the future employee provides all documents (personal data that the employer may obtain from the employee are listed in Article 221 of the Labor Code and are: first name or names and surname, date of birth, parents' names, place of residence and correspondence address, education, and a certificate and course of previous employment). On the basis of these collected documents, the employer gathers knowledge about the employed person and creates a profile of the future employee.
  2. The employer must remember that the future employee should complete the personal questionnaire.
  3. The Employer also requires the candidate to provide a medical certificate stating that there are no contraindications to work in a specific position (the tests are carried out at the employer's expense). Without this ruling, the employee cannot start work. However, this does not apply to people rehired to work for the same position or for a position with the same working conditions as the previous ones. However, the next employment contract must be concluded within 30 days of the expiry or termination of the previous contract.

Establishing an employment relationship

Additional documents

After hiring an employee, the employer has the right to obtain further documents:

  • PESEL number;
  • personal data of the employee's children (thanks to these data, the employee will be able to take advantage of special benefits and rights provided for in labor law), i.e. their names, surnames and dates of birth.

Contract of employment

    1. Contract form
      • The contract may be concluded in writing signed by both parties
      • or the employer confirms in writing the arrangements related to the contract in writing at the latest on the day of commencement of work by the new employee, i.e. such a letter should contain specific parties to the contract, its type and conditions;
      • moreover, the employment contract may be concluded orally and this form is also binding. However, the safer step for the employer is to enter into a written contract, thanks to such a procedure the employer protects himself against the accusation of violating the employee's rights, for which he may even be fined.
    2. Contract time
      • Most often, at the very beginning, an employment contract for a trial period is concluded, which is to verify whether the employee will perform well in the position he holds and whether he has the appropriate qualifications for this job. The trial period contract lasts a maximum of three months and may precede any other type of employment contract.
      • If the employee proves successful in a given position, an employment contract is concluded with him for an indefinite period. Such an indefinite contract is certainly the most beneficial for the employee, as it most effectively protects his rights and the durability of the employment relationship.
      • You can also enter into a fixed-term contract with an employee, i.e. the contract specifies exactly from when to when the employment relationship is to end. Not only the date of termination of the contract is given, but also the event that will result in termination. However, the event must be certain, and the time of its arrival must be known or predictable.
      • On the other hand, if the employer hires an employee to perform a specific task, then he concludes a contract with him for the duration of a specific job.
      • And when an employee is hired to replace another employee during his justified absence from work, a replacement contract is concluded. The end date of this contract may be determined by a specific date or by indicating circumstances the occurrence of which will result in the termination of the contract.
    3. What should be in the contract?
      • parties to the contract;
      • type of contract;
      • the date of the employment relationship;
      • working conditions which, in accordance with the labor law, may be extended during the employment relationship;
      • terms of remuneration with its components;
      • working hours;
      • type of work;
      • place of work;
      • the date of commencement of work, if there is none, then the employment relationship is established with the date of signing the contract;
      • and additional reservations, e.g. non-competition, transfer of copyrights, financial co-liability, professional and official secrecy, etc.

Additional information not included in the contract

The employer, within 7 days from the date of signing the contract, is required to develop and provide the employee with information (additionally, this information may be supported by relevant regulations), which will include:

  • dates on which payments will be made - their frequency;
  • detailed scope of duties;
  • the way of performing work in a given position plus possible occupational risk or threats to health and life related to the given position;
  • the employee's working time standard;
  • employee rights;
  • the length of the holiday leave;
  • length of the notice period;
  • an annotation about the company law, i.e. the regulations and collective agreement (and if there is no one, the employer must additionally mention the date and place of payment of remuneration, night time and the method of confirming employees' arrival and presence at work, as well as justifying absenteeism), which valid at the workplace. On the other hand, the employee must sign a declaration that he or she has read all the regulations and documents contained in the company law.

However, if there are any changes in the contract or in the additional information provided to the employee, the employer is obliged to inform the employee about them no later than 1 month from the date of their entry into force.

OSH training

The employer must provide the employee with training in health and safety at work before the employee starts work (unless the employee enters into another contract with the employer, then training is not required again). Such training is of course carried out at the expense of the employer and during work and includes general instruction and on-the-job training. After their completion, the employee is obliged to sign a document stating that he participated in a given training, and that he is familiar with the provisions and principles of health and safety at work.

Record keeping

The obligations of the employer also include keeping detailed, separate for each employee documentation on the employment relationship and the employee himself, including his personal files consisting of three parts marked with the letters A, B, C.

Keeping records of working time

The form of the record is chosen by the employer himself.

Keeping records of young workers and other records, registers and lists, e.g. a list of employees responsible for providing first aid, a register of accidents at work, etc.

  1. Keeping a personal list of paid salaries and benefits.
  2. And, of course, the employee's registration for compulsory insurance at ZUS.

As you can see, an employer hiring new employees has to fulfill a number of obligations, the neglect of which has serious consequences. Since these obligations concern employees, and therefore their rights, employees can even pursue them in court, and this does not bode well for the employer, because in the future they may have problems with finding any employees.