- Phase
- Act of 20.04.2004 on promoting employment and labour market institutions (consolidated text: Journal of Laws of 2008, no. 69, item 415) implemented 25.04.2008; Act of 13.03.2003 on special rules of termination of employment contracts for reasons not related to employees - 'Collective Dismissals Act'
- Native name
- Ustawa z dnia 20.04.2004 o promocji zatrudnienia i instytucjach rynku pracy tekst jednolity: Dz.U. z 2008 r. Nr 69, poz 415) wdrożone 25.04.2008; Ustawa z dnia 13.03.2003 o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn niedotyczących pracowników) ustawa o zwolnieniach grupowych
- Type
- Public authorities information and consultation on dismissals
- Added to database
- 08 May 2015
Article
Article 70 Act on promoting employment and labour market institutions; Article 2 par 6 and article 4 of the Act on special principles of termination of employment contracts for reasons not related to employees (Collective Dismissals Act)
Description
The employer is obliged to notify the company trade unions in writing about the reasons for the planned redundancies (collective dismissal, that is 10 employees within 30 days if the company employs 20 to 99 persons, 10% of the employees within 30 days if the company employs 100 to 299 persons and 30 employees within 30 days if the company employs 300 or more persons), the estimated number of employees to be dismissed and job categories they belong to, the period over which the projected redundancies are to be effected, the criteria proposed for the selection of the employees to be made redundant, the sequence of the redundancies, the proposals on resolving the employment matters connected with the projected collective redundancies, and, if any financial considerations are involved, the employer is additionally obliged to present the method for calculating of their amounts.
At the same time, the employer is obliged to give to the local employment office the same information except of information about extra financial payments (severance payment which are higher than severance payment established by law).
After negotiations with the trade unions are completed the employer has the obligation to deliver the agreement to the local employment office. The company trade unions may present their opinion on the collective redundancies to the local employment office.
An employer who intends to dismiss at least 50 employees* within three months is obliged to agree with the local employment office on the scope and forms of assistance to redundant workers, in particular employment services, guidance, training, and assistance in active job search. This assistance programme can be implemented by the employment office, employment agency or a training institution. The programme can be financed:
- by the employer;
- by the employer and the relevant bodies of public administration,
on the basis of an agreement between organisations and legal entities in cooperation with the employer.
Citation
Eurofound (2015), Poland: Public authorities information and consultation on dismissals, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/public-authorities-information-and-consultation-on-dismissals/poland