When you’ve found the right person to join your team in Poland, you need to take several important legal steps to onboard them correctly. These steps, especially those required before they can officially start working, are crucial for complying with Polish Labour Law.
Key Steps in the Onboarding Process:
- Drafting and Signing the Employment Contract: The first key step is to prepare a written employment contract. This document should clearly outline the terms of employment, including the type of contract (e.g., probationary, fixed-term, indefinite), the job title, the place of work (remembering rules around remote work if applicable), the working hours, the salary, and the start date. The employer and the employee must sign this contract before they begin their duties.
- Providing Essential Information to the Employee: Alongside the contract, you are legally obliged to give the new employee specific information about their employment. This usually includes details about:
- The employer’s identity and address.
- The start date of employment.
- The normal daily and weekly working hours.
- The frequency of salary payments.
- The employee’s entitlement to paid holiday leave.
- The applicable collective bargaining agreement, if any.
- The rules regarding the termination of employment.
This information can be provided in writing, either as part of the employment contract or as a separate document, within seven days of starting employment.
- Referral for Occupational Health Assessment (Badania Lekarskie): Before an employee can legally commence work in Poland, they must undergo an initial occupational health assessment. As the employer, you are responsible for referring the new hire to a qualified occupational health doctor. This referral should outline the job description and any potential workplace hazards. Employees must receive a medical certificate confirming they can perform the job. You cannot allow employees to start working without a valid medical certificate.
- Health and Safety Training (Szkolenie BHP): On their first day of work (or shortly thereafter), the new employee must receive thorough health and safety training relevant to their role and workplace. This training should cover potential risks, safety procedures, and the proper use of any equipment. You need to keep a record of this training.
- Notification to the Social Insurance Institution (ZUS): You are required to register the employee with the Social Insurance Institution (ZUS) for social insurance and health insurance purposes within 7 days of the employee’s start date. This involves submitting the necessary forms with the employee’s details.
- Setting Up Payroll and Tax Procedures: You must set up the new employee in your payroll system, ensuring that correct tax withholdings and social insurance contributions are calculated and remitted. You’ll need to obtain their tax identification number (PESEL if they are a Polish citizen or a foreign resident with one) for tax purposes.
- Providing Internal Company Information and Training: While not strictly mandatory before starting, you must provide new employees with information about your company’s policies, procedures, culture, and any role-specific training they need to perform their job effectively.
Mandatory Steps Before Starting Work:
The absolute mandatory steps that must be completed before an employee can legally start working in Poland are:
- Signing the Employment Contract.
- Receiving a positive Occupational Health Assessment (Medical Certificate).
- Completing Initial Health and Safety Training (usually on the first day, but must be done).
Failing to complete these steps before allowing employees to commence their duties can result in legal penalties for the employer.
By following these steps carefully, foreign companies can ensure a smooth and legally compliant onboarding process for their new employees in Poland, setting the foundation for a positive and productive working relationship.