Group redundancies have become a pressing problem in the Polish labour market. More and more workers are worried about occupation losses, as the number of occupation losses is increasing. Companies like Carrefour and Poczta Polska have already announced plans to lay off hundreds of employees, and this is just the beginning. What rights do employees have in the event of mass dismissals and what obligations does the employer have? Here's the key information that everyone should know.
When do we gotta do with Group Release?
Group dismissals are a peculiar kind of occupation reduction, which entails additional obligations for employers. In accordance with the applicable rules, a group exemption occurs erstwhile within 30 days:
- At least 20 workers have been fired in a company employing little than 100 people.
- 10% of workers were fired in a company employing more than 100 people.
In another cases, we are faced with individual termination of the employment contract, which does not require compliance with these strict standards.
Group Exemption briefing: What Should You Know?
Labour law in Poland provides certain safeguards for workers affected by block exemptions:
- Checks: Staff shall have the right to severance, the amount of which depends on the dimension of their service:
- Less than 2 years - 1 month's salary.
- 2 to 8 years – 2 monthly salaries.
- Over 8 years – 3 monthly salaries.
The amount of clearance shall not exceed 15 times the minimum wage. The Act besides protects circumstantial groups of employees specified as those on parental leave, pregnant women and pre-retirement workers who cannot be released at the time.
Obligations of Employers in Group Exemptions
The employer who carries out group exemptions has a number of legal obligations:
- Consultation with trade unions: The employer must consult the exemption plan with union organisations.
- Information to the Regional Labour Office: All details concerning mass layoffs.
- Checks: The employer must pay the check in accordance with the legal provisions.
Right to Reactivation: Ability to Return to Work
If, after the group release, the company decides to recruit within 15 months, the workers made redundant shall be given precedence in employment. However, in order to exercise this right, they must express their willingness to return to work within 12 months of dismissal. However, it should be borne in head that this does not automatically apply to all posts or conditions of employment, but only to return to work in a position akin to the erstwhile one.
What if the Company doesn't propose a job?
If, after 12 months of dismissal, the employer does not propose fresh employment, the erstwhile worker has the right to claim his claims, including compensation for deficiency of a occupation offer.
Group exemptions can be a hard experience, but knowing your rights can aid mitigate the effects. Workers should be aware of their privileges and employers must comply with certain regulations in order to guarantee the appropriate conduct of the occupation simplification process. Through adequate cognition and preparation, both sides can better cope with the challenges of mass layoffs.
More here:
More Group Exemptions in Poland: What should all worker Know?
