Employment

We provide legal assistance in employment and human resource matters, to include global mobility, also within corporate transactions.

LEGALIO lawyers advise on designing of employment structures as well as draft and review HR documents, including contracts, internal regulations, policies and procedures, non-compete and non-disclosure agreements, termination notices. We advise in the process of hiring and dismissing higher managers, including management board members. We provide legal support for outsourcing arrangements, including drafting and reviewing outsourcing agreements, service agreements as well as agreements with employment agencies. We assist with the formalities related to the mobility of employees.

We prepare and support implementation of compliance documentation, including data protection regulations, whistleblower policies, and codes of ethics. We offer workplace trainings.

We also perform audits of internal documents. In the event of enterprise restructurings, mergers or acquisitions, our team performs legal audits (due diligence) of employment and HR related issues.due diligence) w zakresie związanym z prawem pracy i zasobami ludzkimi.

Our lawyers have been representing clients in labor disputes, including compensation for wrongful termination of employment, wrongful dismissal, remuneration and vacation pay, maternity benefits, employee material liability, accidents at work, occupational diseases.

Key contact

Małgorzata Lewandowska

M. +48 511 895 484

E. m.lewandowska@legalio.pl

Privacy and cookies policy

INFORMATION CLAUSE ON PERSONAL DATA PROCESSING

The controller for personal data is LEGALIO Pietrzak Markowicz Lewandowska Lubaś sp. j. with its office registered in Warsaw (00-342) at Topiel 23, and entered into the entrepreneurs’ register of the National Court Register held by the District Court for the Capital City of Warsaw in Warsaw, in the 13th Economic Division of the National Court Register, under KRS number 0000874696, tax identification number (NIP) 5272944924, and statistical number (REGON) 387767552 (“LEGALIO”).

LEGALIO processes personal data such as first and last names, e-mail addresses, phone numbers, and position names.

LEGALIO processes personal data on the terms specified in the provisions on protection of personal data, in particular those in the Regulation (EU) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”), as well as in the Act of 10 May 2018 on protection of personal data. LEGALIO keeps personal data confidential and secures the data against unauthorised access by third parties pursuant to the above-mentioned regulations.

Scope and purposes of personal data processing

In the course of its activities, LEGALIO collects and processes personal data for the following purposes:

those resulting from legitimate interests pursued by LEGALIO as the data controller, in particular for purposes related to the provision of services to clients, informing clients or prospective clients about changes in the law or the practice of its application, conducting other correspondence, and initiating and maintaining contact with clients, potential clients, counterparts, and other persons, as well as enabling the use of LEGALIO’s profiles on social media – based on art. 6 section 1 letter f of the GDPR;
negotiating, concluding, and performing agreements with clients or other persons, as well as taking steps at the request of the data subject prior to concluding an agreement – based on art. 6 section 1 letter b of the GDPR;
conducting recruitment processes and performing legal obligations related to employment – based on, respectively, art. 6 sec. 1 letter a, art. 6 sec. 1 letter c, and art. 6 sec. 1 letter f of GDPR;
fulfilling obligations imposed by the law – based on art. 6 section 1 letter c of GDPR.

Transfer of personal data to other entities

In connection with the activities performed by LEGALIO, personal data may be disclosed to external entities providing services necessary for those activities, in particular to providers of accounting, IT, marketing, and postal services, courier operators, etc. Personal data will not be transferred to a third country.

Period of personal data processing

The period of personal data processing depends on the purpose of processing. In the case of processing personal data based on LEGALIO’s legitimate interest, personal data will be processed for the period enabling the implementation of this legitimate interest.

If personal data is processed for the purpose of negotiating, concluding or performing an agreement, personal data will be processed for the period of negotiating and concluding the agreement and, where applicable, also performing the agreement for the time necessary to determine and/or pursue a claim or make a defence against claims, and thereafter, in cases and to the extent required by law.

Where processing of personal data is carried out for the performance of legal obligations, the period of data processing shall be determined by the nature of these obligations.

Personal data will be processed until an effective objection is raised in this regard, respectively until the consent for the processing of personal data is withdrawn, in cases where such consent constitutes the sole basis for personal data processing.

Personal data processed as part of the profession of attorney at law (in Polish: adwokat or radca prawny) will be stored for 10 years from the end of the year in which the proceedings in which the personal data was collected ended.

Rights of persons whose personal data is processed

Persons whose personal data is processed have the following rights:

the right to access personal data and information about its processing, in particular information about the purposes and legal basis of the processing, categories of personal data processed, scope of personal data processed and entities to which the personal data is disclosed;
the right to obtain a copy of the personal data being processed;
the right to rectification of personal data;
the right to erasure of personal data the processing of which is not necessary for the purposes for which the data was collected;
the right to restriction of the processing of personal data;
the right to portability of the personal data processed by automated means under an agreement or consent, which consists of the ability to request the furnishing of the personal data provided by a given person and providing it in a structured manner and commonly used format;
the right to object to the processing of personal data for marketing purposes;
the right to withdraw consent to the processing of personal data at any time when the processing of the personal data is based on such consent, which, however, does not affect the lawfulness of data processing prior to the withdrawal of the consent;
the right to lodge a complaint to the President of the Personal Data Protection Office regarding the processing of personal data.

Some or all of these rights may not be available to a person whose personal data is processed insofar as their exercise could lead to a breach of legal professional privilege.

No requirement to provide personal data

Providing personal data is voluntary. However, providing personal data may be indispensable to establish and maintain contact, conduct correspondence, conclude or perform a given agreement, or receive information on changes in law or the practice of its application.

No profiling of personal data

Personal data is not subject to profiling or other automated decision-making.

Rules regarding cookies

Cookies are IT data, in particular text files which are stored in the end device of a website user and are intended to use subpages of this website. Cookies usually contain the name of the website from which they come, the time of storage on the device and a unique number.

Cookies are used for:

adapting the content of the website to the user’s preferences and optimizing the use of websites; in particular, these files allow for recognition of the website user’s device and appropriate display of the website, tailored to the user’s individual needs;
creating statistics which help to understand how website users use websites, which allows to improve their structure and content;
maintaining a website user session (after logging in), thanks to which a user does not have to re-enter login and password on each subpage of the website.

Two main types of cookies are used on this website: session cookies and persistent cookies. Session cookies are temporary files that are stored in the user’s device until logging out, leaving the website or switching off the software (web browser). Persistent cookies are stored in the end user’s device for the time specified in the parameters of cookies or until they are deleted by the user.

The website uses or may use the following types of cookies:

necessary cookies to enable the use of services available on the website, e.g. authentication cookies used for services requiring authentication on the website;
cookies used to ensure safety, e.g. used to detect misuse of authentication on the website;
performance cookies, enabling the collection of information about the use of the website;
functional cookies which make it possible to remember the user’s selected settings and personalize the user’s interface, e.g. with regard to the selected language or the region the user comes from;
analytical cookies – e.g. Google Analytics, which collect information about site visits, such as subpages, time spent on the site or transition between individual subpages. Google LLC cookies related to Google Analytics are used for this purpose.

In many cases, web browsing software (internet browser) allows the storage of cookies by default on the user’s device. Website users can change their cookie settings at any time. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the settings of the web browser or inform on their placement in the device of the website user each time. Detailed information about the possibility and the ways of using cookies is available in the software (web browser) settings.

Using the website means consent to placing cookies on the user’s device. Restrictions on the use of cookies may affect some of the functionality available on the website.