Labour Law

Labour law

The Law Office of Joanna Jakubowska – Zawady also provides legal services in the field of labour law. Labour law as a set of legal norms related to the employment relationship defines the rights and obligations of employees and employers, as well as regulations concerning the organization of employers and employees. The subject of labour law also includes issues related to the preparation of the employment relationship to be established, the consequences resulting from its conclusion and securing its proper implementation.

Functions of labour law

Labour law as a separate branch of law fulfils the following functions:

  • a protective function which aims to ensure that the interests of both social and labour workers are protected by appropriate interpretation and action
    in connection with labour law standards – the protective function is addressed not only to people who are permanently in an employment relationship, but also to the unemployed, pensioners, pensioners and even the families of employees;
  • the organizing function, which consists in ensuring the proper implementation of the work process, inter alia, by determining the repressions to which an employee may be subjected
    in connection with the existing employment relationship, but also issues related to
    with the remuneration of employees for their work;
  • an amicable function, the main aim of which is to prevent disputes at work and, if they occur, to amicably resolve the existing problem;
  • the redistribution function, which focuses on the redistribution of material resources
  • We can see it mainly in the legal standards defining the rules of determining the remuneration of employees for work performed.

Principles of labour law

On the basis of the applicable laws we can also list the basic principles of labour law. These principles directly define the rights and obligations of employees related to
with the establishment of an employment relationship and the performance of work. These principles include in particular:

  • the right to freely chosen work and freedom to work;
  • the right to establish an employment relationship and freely determine its content;
  • the principle of respect for the dignity and other personal rights of the employee by the employer;
  • the right to equal treatment of workers and non-discrimination in employment;
  • the right to equitable remuneration for work;
  • the right to ensure safe and hygienic working conditions by the employer;
  • the principle of ensuring, in accordance with possibilities and conditions, a livelihood, social
    and the cultural needs of employees;
  • the principle of facilitating the improvement of employees’ professional qualifications;
  • the principle that the provisions of employment contracts and other acts on the basis of which the employment relationship is created must be legal and at the same time must not be less favourable to the employee than the provisions of labour law;
  • the principle of freedom to coalition and participate;
  • the principle of supervision and control related to working conditions;
  • the right to rest.

Employment relationship

One of the most important concepts of labour law is the concept of employment relationship. By the employment relationship, the employee undertakes to perform work of a certain type for and under the direction of the employer and at a place and time determined by the employer, and the employer undertakes to employ the employee for remuneration. On the basis of this definition, he may determine the characteristics of the employment relationship. These are primarily:

  • the continuous nature of the employment relationship;
  • performing work for and under the direction of another entity;
  • performance of work for appropriate remuneration.

In addition, it should be pointed out that the employment relationship is strictly personal, but the risk is directed to the employer, who is responsible for the production, social or economic risks related to the work performed.

Our Law Firm provides services from a broadly understood specialization which is labour law. Our team consists of specialists who, on the basis of their experience and knowledge, deal with issues particularly related to:

  • the establishment and termination of employment relationship;
  • compliance with labour law principles;
  • employer’s obligations towards the employee and employee towards the employer;
  • doubts related to contracts for the provision of certain types of work;
  • vacations;
  • protection of the employee in employment, with particular emphasis on protection against any actions aimed at infringing the principles and rights guaranteed to the employee in connection with the established employment relationship, as well as protection of the employee’s personal rights in employment;
  • the negotiation of employees.