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Labour law and social security in Poland

In the field of employment matters, our legal assistance may consist in drawing up and reviewing contracts in the field of labour law (employment contract) and creating internal acts (e.g. remuneration regulations) as well as acting as a proxy in court disputes.
The scope of our services refers to issues such as employment, working time, discrimination, mobbing, violation of personal rights, remuneration and holidays.

The most frequent proceedings related to the employment relationship include the following cases:

  • establishing the existence of an employment relationship,
  • recognizing the ineffectiveness of employment termination,
  • restoring employment and previous working conditions or remuneration along with claims for compensation in the event of unjustified or infringing termination of employment,
  • compensation for accidents at work,
  • disciplinary penalties and the work certificate and related claims.

Cases in the field of social insurance supported by our Law Firm mainly concern appeals against the decision of the pension authority regarding:

  • pensions, including bridging pensions, compensation for work under special conditions,
  • benefits: sick, compensatory, caring, maternity, childbirth, funeral, family,
  • rehabilitation benefits,
  • allegation of employment relationship ostensibility, fixed salary, business ostensibility, etc.
  • and other benefits within the jurisdiction of the Social Insurance Institution.

When dealing with social insurance cases, we particularly analyse the details of the legal situation of the insured on the basis of the insurance documents provided or obtained. We provide assistance in drawing up and submitting an appeal against an unfavourable ZUS (Social Insurance Institution) decision and legal representation both before the annuity body and court. We edit letters, applications and opinions.

In such cases, it is extremely important to prepare and present a complete position supplemented by appropriately collected and selected evidence. Despite the fact that the regulations are not particularly rigorous with regard to the content of the appeal, deficiencies at this stage may cause successive negative consequences in the form of an unfavourable judgment which, after validation, may be the so-called res iudicata. This means that the established facts are generally considered to be unchanged and irrevocable. The purpose of this institution is to ensure legal certainty and to avoid the resumption of constant disputes “over the same subject matter”. From the perspective of proper preparation and conduct of such a case, it is important to eventually achieve the highest probability of a positive resolution on which our Law Firm focuses its support.