Employer's duties towards the employee

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Employer's duties towards the employee

🔹 Introduction

 The employer-employee relationship is governed by labor law, and the Labor Code precisely defines the employer's obligations towards employees. These include both formal obligations (documentation, registrations with ZUS) and those related to safety, equal treatment, and work organization.
 

🔸 1. General obligation – respect for employee rights

According to Article 94 of the Labor Code, the employer is obliged to:

respect the dignity and other personal rights of the employee,” ensure proper work organization, pay wages punctually, and provide safe and hygienic working conditions.


🔸 2. Key employer obligations – summary

✅ 1. Entering into and properly conducting the employment relationship

  • entering into a written employment contract,
  • providing information about employment conditions (e.g., working hours, workplace, salary),
  • registering the employee with ZUS by the start date.

✅ 2. Maintaining employee documentation

  • personal files (parts A–D),
  • keeping records of working time, vacations, overtime, on-call duty,
  • retaining documentation for 10 years after the termination of employment.

✅ 3. Timely payment of wages

  • at least once a month,
  • by the 10th day of the month following the month worked (unless the contract specifies otherwise),
  • a complete list of salary components (basic salary, bonuses, allowances, overtime).

✅ 4. Ensuring health and safety and initial trainings

  • organizing initial and periodic health and safety training,
  • directing employees to preliminary, control, and periodic examinations (at the employer's expense),
  • providing personal protective equipment (e.g., work clothing, gloves, helmets).

✅ 5. Ensuring equal treatment and prohibition of discrimination

  • the obligation to treat employees equally regardless of gender, age, origin, views, orientation,
  • prohibition of mobbing, harassment, indirect and direct discrimination (Article 18³ of the Labor Code),
  • the obligation to prevent mobbing.

✅ 6. Organizing work and respecting working time norms

  • creating schedules, planning vacations,
  • keeping records of working time,
  • complying with daily and weekly norms (Articles 129–151 of the Labor Code).

✅ 7. Obligation to issue a work certificate

  • at the latest on the day of termination of employment,
  • regardless of the termination method.

✅ 8. Reporting to offices and institutions

  • ZUS – registering ZUA/ZZA, settling contributions,
  • US – submissions and PIT reports (PIT-11, PIT-4R),
  • PFRON – if employment exceeds a certain threshold.

 

🔸 3. Additional obligations – when special circumstances arise

  • Granting leave - Vacation, occasional, parental
  • Providing protection for pregnant women - Prohibition of dismissal, transfer to another job
  • Reporting workplace accidents - Preparing an accident report
  • Informing trade unions - In case of intent to dismiss a protected activist


🔸 4. Consequences of violating obligations

  •  Lack of contract or late registration with ZUS - Fine (from 1,000 to 30,000 PLN)
  • Failure to pay wages - Claims, PIP, lawsuits, statutory interest
  • Lack of health and safety or mobbing - Penalties, compensation, even criminal liability
  • Discrimination - Claim for compensation

 

📚 Legal basis 

  • Labor Code, Articles 94, 100, 207, 129 and following
  • Act on the Social Insurance System
  • Act on PIP – scope of control
  • Judgements of the Supreme Court – including the judgement of November 21, 2017, I PK 285/16

 

✏️ Summary

  • Timely payment of wages - Absolute (Article 94, point 5 of the Labor Code)
  • Health and safety and training - Mandatory regardless of position
  • Equal treatment - Legal obligation
  • Documentation of working time and vacations - Documentation obligation
  • Preventing mobbing - Preventive and civil liability
  • Issuing a work certificate - Formal obligation