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How to recruit staff without breaking the law

  • Poland
  • Employment law
  • Privacy, data protection and cybersecurity


Polish law prohibits the use of civil-law (or "freelance") contracts instead of an employment contract if the work is to be performed under conditions typical for an employment relationship. This would be work under the direction, and at the risk, of the employer and at the time and place indicated by him. In such case a civil-law contract could be deemed by the court to be an employment contract.

Polish law does not contain an exhaustive list of the grounds for discrimination, but prohibits unequal treatment of candidates and employees for any reason. At the pre-recruitment stage, it's important to ensure that the job ad and the recruitment process do not discriminate. 'Positive discrimination' may legally be applied only in instances set forth in the law.

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Source: Ewa Łachowska-Brol, Gerard Karp, BPCC Contact Magazine, June 2014