Labour and social security law

An important area of the K&S law firm’s activities is in the field of labour law and social security. We advise and represent both employees and employers in court disputes (provided there is no conflict of interest).

We assist our clients – entrepreneurs – at every stage of their business. We act in advance in order to prevent unfavourable developments. In our cooperation with entrepreneurs, we focus on comprehensive solutions, i.e. we do not treat the issues of labour, civil and commercial law separately, but approach them as permeating elements of a larger whole.

For client-employees who feel aggrieved by unfair practices in the workplace, we guarantee a professional approach and swift, decisive action to curb unlawful practices and achieve a settlement that satisfies the client.

Employment law. Offer for employers

We advise and actively support our clients in the following areas:

• advice and preparation of contracts for the establishment and termination of employment relationships;
• negotiations, hiring of managers and key staff;
• development of remuneration, bonus and other benefit systems;
• the creation of work regulations, codes of ethics, anti-discrimination and anti-bullying policies, rules on the use of company property, responsibility for property;
• setting out rules to protect the privacy of employees, such as the control of company email inboxes and rules on their use of social media;
• so-called ‘hardship dismissals’ of high-level and protected employees;
• accidents at work: post-accident proceedings, risk management and workers’ claims;
• employment restructuring, e.g. internal employer construction, individual and group dismissals, company transitions, employee outsourcing;
• investigations with punitive elements in the event of employee misconduct.

In addition, we represent clients in court proceedings and disputes with authorities regarding the legality of labour (including the legality of the residence of third-country workers) and in dealing with the State Labour Inspectorate and other institutions whose area of activity includes employment issues.

Employment law. Offer to employees

For employees (or former employees) who believe that their rights have been violated by their employer, we offer assistance in the following areas:

• a claim for payment of wages due;
• a claim for payment in lieu of unused leave;
• establishing the existence of an employment relationship;
• claiming compensation for an accident at work;
• termination of the employment relationship;
• claiming damages for wrongful termination;
• request for rectification of the certificate of employment;
• bullying, discriminatory behaviour;
• violation of employee privacy;
• reinstatement case.

We represent clients in proceedings before the court. We advise on how they should gather the documentation needed to bring a claim and prepare for a dispute at the court stage.

Social security law. Offer for insured persons

Our law firm provides comprehensive services in the field of social security law for the benefit of the insured and policyholders. We offer legal assistance with regard to, among other things:

• pensions and other benefits (e.g. rehabilitation benefits) granted by ZUS or KRUS;
• appeals against decisions of the pension authorities;
• appeals against decisions of medical examiners;
• the payment of social security contributions;
• the statute of limitations on Social Security contributions;
• determining the degree of disability;
• determining and obtaining entitlement to social security benefits;
• compensation claimed from the workplace in connection with accidents at work and occupational diseases;
• paternity or maternity benefits;
• the determination of income not constituting the basis for social security contributions and in the situation of concurrence of insurance titles.

Within the framework of the above, the lawyers of our firm deal with:

• providing advice;
• participation in mediation and negotiation;
• advice on the enforcement of insured persons’ rights under the legislation.

We represent clients in disputes with the Social Insurance Institution (ZUS) concerning social security issues, also at the court stage. We assist in matters relating to being subject to social security, appeals against decisions of the pension authorities, the payment of social security contributions, as well as the determination and obtaining of employees’ entitlement to social security benefits.