OBLIGATIONS AND RIGHTS OF THE EMPLOYEE AND THE EMPLOYER ARISING FROM THE SIGNING OF THE EMPLOYMENT CONTRACT

Basic duties of an employee

The main obligation of an employee is to perform his/her work in good faith and thoroughly and to follow the orders of his/her superior, if they do not contradict the provisions of the employment contract or the Labor Code.

 In addition, the employee is obliged to:

1.       to observe the working hours established in the workplace,
2.       to comply with the work schedule,
3.       comply with the rules and principles of occupational safety and health (including performing work in accordance with the rules and principles of safety, taking care of the appropriate condition of machinery, equipment, tools and instruments, as well as the order in the workplace, immediately notifying the manager of an accident, accident, threat to human life or health)
4.       to take care of the welfare of the workplace, protection of its property, to keep confidential information, disclosure of which may expose the employer to losses,
5.       to observe the secrecy defined in separate rules
6.       adhere to the principles of social coexistence in the institution.

If an employee fails to comply with the established procedure, internal labor regulations, health and safety rules, and fire safety rules, the employer may issue a warning or reprimand to the employee.

If an employee fails to comply with safety and fire safety rules, leaves the workplace without justification, shows up to work drunk, or drinks alcoholic beverages during working hours, the employer may impose a monetary fine on the employee.

In addition, an employee who, as a result of non-performance or improper performance of his or her duties, through his or her own fault, causes damage to the employer, shall be liable for financial compensation (compensation in the amount of damage, but not more than 3 months of the employee’s salary). If the employee intentionally caused the damage, he or she shall fully cover the cost of repairs.

The employee is liable for the full amount of possible damage if the employer has entrusted him with the obligation to return or pay for money, securities, valuables, tools, devices or similar products, as well as personal protective equipment, work clothes and shoes.

An employee who has signed a non-competition agreement may not perform any activity for a competing employer; may not be employed under an employment contract or other agreement with another employer operating in the same industry. An employer who has suffered losses as a result of an employee’s violation of a non-competition agreement may claim compensation from the employee for damages.

Basic employee rights

•       To work in accordance with the terms of the employment contract, which may not be less favorable than the provisions of labor law.
•       An employee has the right to fair remuneration for work. Salary for work must be paid at least once a month, at a regular and pre-established time.
•       Working conditions must comply with occupational health and safety rules.
•       Employees have the right to annual paid vacation (20 days if the employee has been employed for less than 10 years, 26 days if the employee has been employed for at least 10 years).
•       Employees must have equal rights arising from the performance of the same duties; in particular, equality of men and women in employment.
•       As a rule, an employer cannot terminate or suspend an employment contract during pregnancy and during the employee’s maternity leave.
•       Employees, including foreigners, have the right to join a trade union.

Main obligations of employers

The employer is obliged to:

•       familiarize new employees with their duties, opportunities to work in the workplace, and employee privileges,
•       ensuring safe and hygienic working conditions, conducting systematic training on labor safety,
•       timely and correct payment of wages,
•       providing access to the documents on the basis of which the employee’s salary is calculated,
•       pay salary for the period of disability not exceeding 35 days per year,
•       help employees improve their professional qualifications,
•       provide assistance in the social needs of employees, to the extent possible,
•       create conditions for employees to exercise their powers to create an employee organization,
•       keep documentation and records on issues related to labor relations and personal files of employees,
•       immediately issue an employment certificate to the employee in connection with the employee’s dismissal or expiration of the employment term (the certificate cannot be subject to a preliminary settlement between the employee and the employer)
•       inform the employee of his/her right to apply to the labor court – what is a labor court?
•       respect the dignity and other personal assets of employees,
•       use objective and fair criteria for evaluating employees and their work

In addition, the employer may not terminate the employment agreement during the employee’s annual vacation or any other justified absence from work, unless the period entitling the employer to terminate the employment agreement without notice has expired.

Employees have equal rights to perform the same functions and duties.

Any discrimination against employees on the grounds of age, disability, race, nationality, beliefs, especially political, religious, and trade union membership is unacceptable.