What are the rights of persons employed under a contract of employment?

 

An employment contract is a document obliging each of the parties, i.e. an employer and an employee, to comply with relevant obligations. Each party also has its own specific privileges. It is worth getting to know your rights as a person employed under a contract of employment.

Currently, signing a contract of employment is not as common as it used to be. In order to reduce costs related to employment, employers increasingly use civil law contracts, which, unfortunately, do not provide employees with such extensive protection as a contract of employment. This is mainly due to the fact that civil law contracts are based on the provisions contained in the Civil Code, and in turn employment contracts based on the Labor Code.

When we sign a contract of employment as an employee, we undertake to perform a specific type of work for the employer. The employer, in turn, undertakes to provide us with remuneration.

There is then a so-called work relationship, which is determined by:

• subordination of the employee to the employer’s instructions

• performing work for a reward in the place and time set by the employer

• providing work in person

• repeatability of work

• burden the employer with the risk of running a business and employing people

In the Labor Code, we find several different contracts of employment. They are signed depending on what kind of work we are dealing with.

Types of employment contracts

Jakie prawa mają osoby zatrudnione na umowie o pracę?

These include a trial contract, which is usually signed with a new employee to check his qualifications. The duration of such a contract may last a maximum of three months. The second type of contract is a fixed-term contract in which the date of termination of the contract is indicated. There is also an agreement concluded for the duration of a specific work, which is used when the duration of work cannot be determined. In addition, a replacement contract and an indefinite contract are used – this is what gives the employee the greatest protection and rights.

What rights does the employee have?

An employee employed under a contract of employment has certain rights – it is more favorable to him than civil law contracts.

First of all, the employee has the right to take vacation leave. Its duration is 20 days, when the employee’s seniority is shorter than 10 years for all employees (also includes the period of education), or 26 days when it is longer than 10 years.

Working time for individual schools for employees who:

• have completed a basic or equivalent vocational school – 3 years,

• have completed secondary general education – 4 years

• they completed a secondary vocational school – 5 years

• have completed a vocational school for graduates of basic vocational schools – 5 years

• graduated from post-secondary school – 6 years

• graduated from high school – 8 years

The employer must abide by the working time norms and regularly pay the employee – full time at least the current minimum wage. The employee also obtains protection in the event of termination of the employment contract – the period of notice depends on the working time of the employer. The employee has the right to take paid maternity and parental leave.

In addition, the employee is entitled to breaks at work – 15 minutes within 8 working hours, if he works a minimum of 6 hours a day.