Employment Law

We provide practical and effective employment and social security advice to employers.

Most of our direct contacts are foreign HR and HR Legal functions. It is our mission to guide them through the Polish employment law system which is complex and difficult to navigate for newcomers. We not only provide our clients with the right answers, but we also ask them the right questions about things they do not necessarily identify as relevant from the Polish legal perspective.

We always treat HR issues as part of a broader legal framework and are constantly alert to potential regulatory, tax, competition and company law issues that need to be taken into consideration. Proud of being a part of a leading Polish one-stop-shop law firm, we benefit from the expertise of our colleagues from other practices. Our assistance is always comprehensive.

For us, pragmatism is not just a slogan. We understand business and always focus on practical solutions as well as simple and straightforward advice.

Our employment team is among the largest in Poland. This allows us to smoothly process even the largest projects within tight deadlines. We pride ourselves on our response times to our clients’ requests. Our employment attorneys are present in all four offices of the firm. This facilitates our assistance as well as limits travel and litigation costs.

We are one of the top four firms ranked in the employment section of the prestigious ranking list published by the prominent Polish business newspaper “Rzeczpospolita” (and the only ranked firm that is not an employment boutique).

Client testimonials concerning our employment practice:

Quotes from Chambers & Partners ranking:

2018
Broad offering in employment law, including advice on employee agreements, contract terminations and litigation. Frequently assists with employment issues in transactions as well as employment-related restructurings. Adept at handling remuneration matters and trade union negotiations.
One interviewee highlights the department for its clear advice, saying: "Their advice is both accurate and practical.”
Sources describe Roch Pałubicki as a "solid lawyer” and value his "outstanding attitude to service.” He regularly advises on employment aspects of transactions as well as acting on employment litigation.

2017
Clients praise the team's proactivity. "They were very helpful and fast to get things done. They expressed themselves in clear and straightforward language," sources report. Practice head Roch Pałubicki assists clients with negotiating matters ranging from management contracts to employee benefits. He is described by sources as "very business-oriented and pleasant to work with." Clients also commend his "strategic thinking."

2016
I liked the strategic thinking, understanding of the brief, transparent communication and responsiveness.
The lawyers are very flexible, provide good solutions and are always on time.
Roch Pałubicki is very responsive and ensures that a very high-quality analysis of the case is done.
He is able to explore cases from a number of angles in order to achieve the best result.

2015
The lawyers are very commercial and help us to marry US culture with Polish employment law based on their previous experience with US companies.
The firm is excellent and are great partners throughout the process; we wouldn't be able to proceed without them.
Roch Pałubicki is an expert in his field and very friendly and easy to converse with. He is very smart and gives very pragmatic advice, as well as being very flexible.
He is also very commercial and pragmatic, with market experience.

2014
The team is responsive, and has great local knowledge and understanding of foreign clients; the lawyers are very solution-driven.
The team's flexibility and reactivity are very good.
Roch Pałubicki: Sources applaud his "creative solutions" and his "practical and pragmatic" approach.

Quotes from Legal 500 ranking:

2018
Soltysinski Kawecki & Szlezak’s ‘top-notch’ group provides ‘accurate, business-oriented support’. Roch Pałubicki, who has ‘an outstanding aptitude for service’, and senior counsel Monika Krzyszkowska-Dąbrowska are key contacts.

2017
Soltysinski Kawecki & Szlezak’s team of ‘professional and solution-oriented lawyers’ is representing Skok Polska in several disputes with former executives. Roch Pałubicki is a key contact.

2016
Roch Pałubicki’s team at Soltysinski Kawecki & Szlezak handled the employment aspects of Auchan’s acquisition of 49 hypermarkets. The team is frequently instructed by clients to handle litigation and assist with redundancies.

2015
Roch Pałubicki is ‘a pleasure to work with’, giving ‘pragmatic counsel and having a customer-focused style’.

Our employment practice has been on the market for over two decades, so that our accumulated experience makes it possible to share with our clients creative legal solutions that we have previously developed and successfully applied.

In particular, we provide the following services:

  • Compensation and benefits – Our expertise covers drafting and reviewing benefit programs and related individual and collective agreements. Many of our clients represent industries where employee satisfaction is the absolute key to business success. We advise those clients on the optimal structuring of their benefit systems, including keeping track of emerging trends. We also benefit by working alongside our superb Tax, customs and foreign exchange to provide comprehensive advice. We have a market-leading team which specializes in: employee stock options, restricted stock, employee share programs, and similar schemes. The team comprises of attorneys specializing in employment, tax and the securities aspects of such programs. We have advised on at least 300 such schemes to date.
  • Contracts – We assist clients in drafting and adjusting all possible employment-related agreements including: employment, non-competition, mandate, specific work, temporary work, internship, training, property entrustment agreements, and many others. We have created and constantly adjust a database of respective templates, but are always happy to work with the client’s drafts if preferred.
  • Disciplinary matters – Our practice includes disciplinary investigations and measures (where needed, in cooperation with our Criminal law).
  • Due diligence – Both within projects jointly conducted with our M&A and Corporate and as stand-alone employment exercises, we provide labor law and social security due diligence in various transactions. We focus on issues that – based on our experience – are material, and bring about practical risks. We offer remedies to address any identified irregularities.
  • External audits – State Labor Inspectorate or Social Security Agency audits are daily occurrences in Poland. We not only help our clients in dealings with external auditors as part of on-site assistance during the inspections, but also prepare dedicated policies in that respect, explaining to all affected persons within the organization what their role is, and what behavior is expected from them during the audit. Our clients have appreciated such policies and considered them extremely helpful.
  • Health and safety – We provide assistance with respect to health and safety compliance, investigating accidents at work and professional illnesses as well as employee litigations concerning health impairment.
  • Internal policies – Preparation/review/localization of various policies is our bread and butter. Through two decades of experience and practice on the market, we have built up an impressive database of various solutions that can be used in such policies with minimum effort. It is always our aim to provide as simple and straightforward documents as possible, but always assuring the client with the adequate level of protection. If requested, we regularly update such documents and suggest adjustments, both on an ad-hoc basis and annually. When localizing foreign documents, we aim at adjusting them to local legal requirements while departing from the original only when necessary.
  • Immigration and global mobility – We regularly advise on immigration and mobility as well as intermediate in immigration formalities. We work closely with our Tax, customs and foreign exchange to assure that international assignments are tax efficient.
  • Individual negotiations – We represent and advise clients in negotiating executive packages both on entry and exit stages.
  • Internal compliance audits – Our clients value legal comfort. To satisfy their expectations, we offer internal compliance audits during which, based on an elaborated questionnaire, we are able to identify compliance issues and recommend remedies.
  • Litigation – We possess unrivalled litigation experience and handle dozens of employment cases simultaneously. Our experience includes cases concerning: unfair and illegal dismissals, overtime, non-competition, variable remuneration, work accidents, discrimination and mobbing as well as social security matters. Working closely with our award-winning Litigation, we regularly litigate before the Employment Chamber of the Polish Supreme Court.
  • Non-discrimination – On a regular basis we provide guidance with respect to structuring and implementing policies aimed at counteracting discrimination, harassment, and mobbing. We have vast experience in dealing with compliance audits and internal investigations concerning discrimination, mobbing and harassment (we benefit from working with our firms’ market-leading Criminal law). We have considerable experience in litigations concerning discrimination and mobbing, including before the Supreme Court.
  • Restructuring – We have successfully implemented a great number of redundancy and restructuring programs, including dozens of large scale lay-offs. Our assistance covers strategy planning, document preparation, communications and taking part in negotiations.
  • Social dialogue, employee communications – We provide advice on works council and trade union relationships, as well as  instruct on negotiation techniques (we also take part in negotiations, when requested). We have advised and represented a number of clients employing a staff of over 1000 in collective disputes.
  • Social security – We advise our clients on various social security issues, and represent them in social security disputes both at an administrative stage and in litigations.
  • Software – We have unique experience in advising clients with respect to implementing and customizing employment-related software, including high-end time and attendance management solutions. Such software is very useful, but to function properly it usually requires adjustment to Polish working time regulations and the employer’s particular needs.
  • Terminations – To date, we have assisted our clients in hundreds of individual terminations. Such assistance included, as needed by the clients: investigating reasons for termination, advice with respect to structuring separation packages, drafting termination documents, taking part in termination meetings, physical delivery of immediate termination letters to individuals avoiding such delivery, conducting negotiations with departing employees and, last but not least, conducting numerous unfair dismissal litigations.
  • Trainings – We provide trainings and seminars concerning various aspects of employment law both through standardized programs and tailor-made. We also offer individual coaching for managers. We have comfortable training facilities and very experienced trainers.
  • TUPE, outsourcing – We have advised our clients on the employment law consequences of hundreds of M&A transactions (where we can benefit from synergies with our M&A and Tax practices). We advise on TUPE application in outsourcing projects. Our focus is always on jurisdiction-specific features, such as the requirement to regulate Social Fund issues in TUPE transfers. We have processed a number of atypical TUPE schemes, including post-transfer guaranteed employment solutions.
  • Working time, absences – Working time, sick leave, other absences from work and related issues occupy Polish employers’ time and have the potential to generate considerable legal risks. Our expertise in this respect can hardly be beaten given its width and specificity.
  • Publications
  • Newsletter
  • Alerts
    • Employment Law Alerts are issued on an ad-hoc basis, when significant legislative changes occur or important court or administrative rulings are issued.
    • The Alerts are provided free of charge to all Newsletter subscribers.
    • Subscribe to our Alerts.