German and Polish labour law
Labour law includes, both in Germany and in Poland, the legal relations arising between an employer and an employee or an employees' organisation. We help our clients in areas of Polish, German and international labour law. We advise Polish and international companies, from all sectors, in the field of legal employment aspects.
Technically this covers also the entire international social security and tax law.
Questions about the posting of workers, as well as the tax and social security aspects of employment in Poland and in Germany, are often relevant to our clients.
Our German-Polish law firm support the clients in the ongoing labour cases in Poland and Germany, including representation before the labour courts in both countries. We assist the company management and the personnel management with all legal aspects of human resources. We also provide an assistance in the development of strategies and solutions in complex legal issues.
In the case of mergers and acquisitions (M&A), we will help you in labour law-related tasks (inter alia, due diligence, shares and company purchase agreements, expert opinions on issues of the transfer of undertakings).
Our advisory service includes especially:
- legal problems of temporary employment and posting of workers between Germany and Poland,
- hiring and employment of foreign workers,
- international labour law and German-Polish social insurance law,
- advice on matters relating to the tariff employment, including collective agreements and other collective agreements concluded between employers and trade unions in Poland and Germany,
- taking over workers, restructuring and reintegration of workers’ teams,
- collective redundancies,
- analyses and review of any employee documentation, such as work and pay regulations, principles of ethics and company policy,
- creation of individual labour, cooperation, managerial and competitive contracts based on the provisions of the German and Polish law,
- termination of employment,
- representation before labour courts of all instances,
- matters concerning work safety and protection for selected employee groups (e.g. pregnant women)
- organisation and accounting of working time.
- To meet expectations of Polish employers, we often complement our services with the indispensable fiscal and social security consulting.
Our priorities include, e.g.:
- determining the applicable labour law: Polish or German?
- advice and representation in all labour and social security issues in the German-Polish legal relations
- advice and representation of the German employers, who employ the Polish cross-border commuters
- advice and assistance in the recruitment of Polish employees
- creation and review of the Polish labour contract on behalf of employers and employees in Poland
- drafting of clauses on a variable remuneration of managers
- counselling for the social status of the German managing director in Poland
- questions on the content of employment contracts in Poland: employing, warning, remuneration, limitation, prohibition of competition, company pension, managerial prerogatives, displacement, job reference, termination, part-time work
- advice on questions of sending employees to Poland
- preparation of employee terminations
- negotiation of settlement agreements, drafting of a termination agreement and advice on social security legal consequences of the termination in Poland
- suing for dismissal protection in Poland
- advice and representation in operational changes, transfer of operations and redundancies in Poland
- support in the organisation of the election of the members of the council
- ongoing advice and representation in labour issues.