Employer’s obligations related to the transfer of the workplace to another employer
Employers should remember that when their workplace or part of it is transferred to another employer, e.g. in the event of the sale of the workplace or transformation, they have specific obligations set out in the Poilish Labor Code. In such a situation, the clients of our PRWT accounting office are informed about the necessity to take the actions described below.
- If there are no trade unions at the employer, employers (current and new) are obliged to inform employees about the expected date of transfer of the workplace or part of it to a new employer, legal, economic and social reasons and consequences for employees (in particular, employees should be informed on planned activities related to employment conditions – working conditions, remuneration and retraining). It should be remembered that the information for employees should be provided to them at least 30 days before the planned transfer of the workplace or part of it to a new employer. Employers should also ensure that employees are informed in writing and that employees sign that they have read this information.
- The obligation to propose new working conditions and remuneration to employees who previously performed work on a basis other than an employment contract. We are talking about employees working on the basis of other contracts indicated in the Labor Code (selected for a function, appointment, cooperative employment contract). Employers are also required to indicate a deadline of not less than 7 days during which employees may submit a declaration of accepting or refusing to accept new working conditions. This is very important, because in the event of failure to agree on new working and pay conditions, the employee’s current employment relationship will be terminated upon the lapse of the notice period, counted from the date the employee submits a declaration of refusal to accept the proposed work conditions or from the date on which he could submit such a declaration.