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Employment & Pensions

Poland

Regional Employment is a rapidly developing area of regulation in CEE. Our employment specialists in the region can work in partnership with your legal and human resources teams to provide advice on all key aspects of employment law, employee pension arrangements and employee benefit schemes.

This is a complex area of law with, at times contradictory, rules established by EU and national legislation. Having been at the forefront of changes to legislation in these areas in several countries in the region, CMS lawyers have a unique grasp of the issues to provide practical and commercial strategies and solutions for your business.

I always found the lawyers to be very technically strong with a good depth of knowledge and experience. The whole team was very willing to provide practical advice and opinions, and that is invaluable.
Chambers, 2016

If your business crosses borders, you have to contend with a complex framework of employment in order to achieve the best outcome for your business. With a global network covering 34 countries, we can help you address these challenges in all the countries in which you operate. We advise clients across jurisdictions in relation to employment and executive contracts, pension schemes, employee benefit programmes, restructuring, employment disputes, employment aspects of M&A transactions, works council and trade union relations. A 280-strong group of employment specialists (worldwide) can help you navigate a maze of regulations, policy documents and other legal complexities you face on a daily basis.

In Poland we have a 9-strong team of lawyers dealing exclusively with the most sensitive and most difficult aspects of labour law. Our practice is recommended through international rankings, and is highly recognised in the market. 

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January 2020
High­lights of our ex­per­i­ence in Em­ploy­ment & Pen­sions in Po­land
Cor­por­ate em­ploy­ment in­clud­ing M&A and TUPE - provid­ing com­pre­hens­ive leg­al ad­vice to a wide range of cli­ents on em­ploy­ment law mat­ters re­lat­ing to cross-bor­der mer­gers and ac­quis­i­tions, trans­fers of own­er­ship of un­der­tak­ing, trans­fers of em­ploy­ees and stra­tegic plan­ning with dif­fer­ent em­ploy­ment struc­tures, in­clud­ing shared em­ploy­ment and the leas­ing of em­ploy­ees. Dis­crim­in­a­tion & bul­ly­ing - as­sist­ing cli­ents in hand­ling dis­crim­in­a­tion claims which are not of­ten suc­cess­ful in Po­land but are reg­u­larly used by em­ploy­ees to bring pres­sure to bear on em­ploy­ers. These cases re­quire a sens­it­ive ap­proach and ex­tens­ive leg­al ex­per­i­ence. In­tern­al in­vest­ig­a­tion on con­ten­tious em­ploy­ment mat­ters which re­quire del­ic­ate hand­ling. Cli­ents: glob­al bio­phar­ma­ceut­ic­al com­pany.Group re­dund­an­cies and In­di­vidu­al ter­min­a­tions - as­sist­ing cli­ents in key man­age­ment and staff ter­min­a­tions in­clud­ing draft­ing ter­min­a­tion doc­u­ments and as­sist­ing in ter­min­a­tion meet­ings. Health & safety policy (BHP) - ad­vising cli­ents on health and safety policy in re­la­tion of new col­lect­ive agree­ments.Trade uni­ons / work coun­cils / col­lect­ive bar­gain­ing agree­ments - ad­vising on es­tab­lish­ing of European works coun­cils, pre­par­ing in­ter­na­tion­al strategy on hand­ling la­bour re­la­tions in the or­gan­isa­tion and on-go­ing help in le­git­im­ate areas of con­cern of the trade uni­ons and its of­fi­cials. Also as­sist­ing in ne­go­ti­ations with uni­ons on em­ploy­ee guar­an­tee pack and oth­er so­cial be­ne­fits in re­la­tion to the privat­isa­tion pro­cess. Com­pens­a­tion and be­ne­fits help in im­ple­ment­a­tion of the reg­u­la­tions on com­pany so­cial be­ne­fit fund, as­sist­ing in ne­go­ti­ations in a col­lect­ive dis­pute re­gard­ing ex­tend­ing com­pens­a­tion and be­ne­fits scheme res­ult­ing from the col­lect­ive bar­gain­ing agree­ment.Ex­pat desk & im­mig­ra­tion ad­vice - Com­pre­hens­ive im­mig­ra­tion con­sultancy, in­clud­ing ex­pats trans­fers and second­ments, as well as so­cial in­sur­ance as­pect.Sec­tor fo­cused ex­pert­ise - We un­der­stand the unique needs and chal­lenges of mar­ket sec­tors and provide tailored ser­vices, es­pe­cially in the fol­low­ing sec­tors: Banks & Fin­an­cial In­sti­tu­tions, En­ergy, Lifes­ci­ences, TMT and Con­sumer Products.Please do not hes­it­ate to con­tact us if you re­quire any fur­ther in­form­a­tion or as­sist­ance.

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1 July 2020
Sign­ing with e-sig­na­ture in CEE
This guide fo­cuses on the most im­port­ant leg­al areas where elec­tron­ic sig­na­tures are usu­ally used: em­ploy­ment law, com­mer­cial con­tracts, real es­tate law, cor­por­ate law and bank­ing and fin­ance con­tracts. This guide ad­di­tion­ally in­cludes help­ful at-a-glance
27 April 2020
CMS Ex­pert Guide to gov­ern­ment sup­port for em­ploy­ers and work­ers
This ex­pert guide ex­plores the ways dif­fer­ent gov­ern­ments have at­temp­ted to al­le­vi­ate the stress the pan­dem­ic has im­posed on both em­ploy­ers and work­ers and en­sure busi­ness con­tinu­ity.
14 April 2020
EU gov­ern­ments re­spond­ing with dy­nam­ic meas­ures to sup­port em­ploy­ees and...
Con­fron­ted with the pro­spect of eco­nom­ic col­lapse in re­sponse to both the pan­dem­ic and re­stric­tions put in place to pro­tect cit­izens (e.g. quar­ant­ines, shop clos­ures, and re­stric­tions on travel), gov­ern­ments...
23 June 2020
Coronavir­us (COV­ID-19) and Pri­vacy
In the last few months, we have seen or­gan­isa­tions across Europe im­pos­ing vari­ous ob­lig­a­tions on their em­ploy­ees, vis­it­ors and cus­tom­ers to fight the spread of the COV­ID-19 vir­us. CMS has pub­lished com­pre­hens­ive data pro­tec­tion guid­ance for those em­ploy­er
13 January 2020
CMS Ex­pert Guide to la­bour law in Cent­ral and East­ern Europe
Are you look­ing for in­form­a­tion on la­bour law in Cent­ral and East­ern Europe? This CMS Ex­pert Guide provides you with everything you need to know.
27 March 2020
Man­aging clin­ic­al tri­als un­der COV­ID-19: New EU guid­ance is­sued for spon­sors...
The COV­ID-19 pan­dem­ic has had a dra­mat­ic im­pact on European health sys­tems, whose pri­or­ity first and fore­most is the treat­ment of pa­tients suf­fer­ing from this dis­ease both in the in-pa­tient and out-pa­tient...
28 May 2020
Anti-crisis Shield: the im­pact of new reg­u­la­tions on con­duct­ing busi­ness...
Leg­al status as of 16 May 2020
26 March 2020
Over­haul of the Pol­ish pen­sion sys­tem - put on hold?
Ac­cord­ing to the latest press re­leases works on a new law aimed at in­tro­du­cing fun­da­ment­al changes to the Pol­ish pen­sion sys­tem (the “Draft Law”) will not be thwarted by the out­break of the coronavir­us...
20 April 2020
CEE Green­field Guide
This guide to in­vest­ment in the Cent­ral and East­ern European (“CEE”) re­gion is in­ten­ded to help po­ten­tial in­vestors un­der­stand what in­cent­ives are avail­able when in­vest­ing in the lead­ing coun­tries in CEE. It also sets out in­form­a­tion about the pro­cess for
13 March 2020
Coronavir­us – key con­sid­er­a­tions for em­ploy­ers in CEE
The situ­ation with Cov­id-19 (Coronavir­us) is still de­vel­op­ing, but there are some key is­sues that em­ploy­ers should be aware of. Be­low we present guidelines for the CEE re­gion. 1. Can the em­ploy­er or­der...
16 April 2020
Anti-crisis Shield: the im­pact of new reg­u­la­tions on con­duct­ing busi­ness...
Leg­al status as of 3 April 2020
10 March 2020
Cor­por­ate cul­ture in Po­land of­fers best prac­tices for con­duct­ing in­tern­al...
Whis­tleblower series: Po­land CEOS and man­agers seek­ing guid­ance on for­mu­lat­ing pro­ced­ures and policies for con­duct­ing in­tern­al in­vest­ig­a­tions in Po­land should not look for dir­ect guid­ance from the state....