How to do Business Investors' Guide Poland - Polish Agency for ...

Dismissal without notice is also possible:• if the employee is unfit to work because ofsickness:a) longer than three months, if the employeehas been employed by a given employerfor less than six months;All litigation between theemployer and employee is settledby the Labour Court.b) longer than the period in which hereceives social insurance benefits and aperiod of three months where he receivesremedial benefits (which is approx. 272days), if the employee had been employedby a given employer for at least six monthsor if he has become unfit to work due toan accident at work or through sickness;• in the event of the employee’s justifiedabsence from work for reasons other thanthose mentioned above for a period ofmore than one month.Irrespective of the way in which the employmentcontract is terminated, the employer isobliged to present the employee with his workcertificate (containing information used as areference by his next employer, e.g. regardingholidays, sick leave, etc.). The certificate mayalso include information on remuneration atthe employee’s request. The employee is entitledto demand that amendments be made tothis certificate if he disagrees with its content.must generally (with some exceptions) beagreed with the trade unions and require theimplementation of official procedures, as wellas the payment of severance pay.1.9.1.3. RemunerationSalaries should be negotiated individuallywith every employee, unless they are subjectto a collective bargaining agreement. Theminimum salary in Poland is negotiated periodicallyby the Tripartite Commission (comprisingemployee, employer and governmentrepresentatives). Basic salaries must be paidat least once a month in cash, in accordancewith the rules and regulations that apply atthe given workplace.With a few exceptions, salaries must be calculatedand paid in PLN. Foreigners may transfertheir remuneration abroad once all therelevant taxes have been paid.Salaries should also be paid during the periodswhen the employee is not able to workfor reasons that are beyond his control, aswell as for a period of sick leave of up to 33days in a given calendar year (remuneration isthen paid at a level of 80% of the amount ofthe salary). If the incapacity to work due tosickness exceeds 33 days in a given calendaryear, the employee receives sickness benefitfrom the Social Insurance Institution (ZUS). Inthe event of an employee’s death, his familyhas the right to severance paid at an amountfrom one to six months’ remuneration,depending on the employee’s length ofemployment.All litigation between the employer andemployee is settled by the Labour Court. Ingeneral, the court fees in cases related to theemployee’s claims under an employment relationshipare relatively low.Collective dismissals are possible in Poland(under the Collective Dismissals Act), but they30