It is in the mutual interest of the employee and the employer to know each other’s rights and obligations under the labour laws enshrined in the Labour Code (Act of 26.06.1974 Labour Code – consolidated text Journal of Laws 2020, item 1320).
Section IV of the Code contains regulations concerning the rights and obligations of the employer and the employee, also defining their responsibilities within the scope of their duties. According to the Code, the duties incumbent on the employer include:
- the employment of an employee with adequate remuneration, which should correspond to the employee’s training, duties and responsibilities,
- drawing up a written employment contract,
- respect for the dignity and personal rights of the employee,
- instructing employees on their responsibilities, how to fulfil them and their entitlements,
- organising the work process in such a way as to make full use of employees’ skills,
- ensuring that the work is as strenuous as possible,
- to counter all forms of discrimination in employment, especially on the grounds of gender / religion / disability / opinion / age / education,
- timeliness of payment of wages,
- support for employees who have chosen to improve their skills,
- ensuring safe and hygienic working conditions and regular training,
- impartiality of assessments,
- meeting the social needs of employees in accordance with the employer’s capacity,
- countering mobbing at work.
The employee’s responsibilities include:
- adherence to the work schedule,
- respecting all legal provisions governing the work process,
- to take care of the employer’s welfare by diligently performing the duties assigned,
- keeping a secret, the disclosure of which could jeopardise the employer’s interests,
- submission to the employer’s instructions, which are in accordance with the law and the provisions of the employment contract.
An employee is not obliged to fulfil obligations that do not arise from the contract and if the employer has not ensured safe and hygienic working conditions. The employer’s instructions must not contradict the applicable legal provisions. If an employee receives an instruction that does not comply with the provisions of the contract or the law, he or she should inform his or her supervisor of his or her suspicions, preferably in writing.
The application of labour legislation is the responsibility of every farmer and all those working on the farm. It is necessary for every person running a farm to familiarise themselves with the Labour Code and to receive compulsory health and safety training. The following regulations apply to farms at the national level:
- Regulation of the Ministry of Agriculture and Rural Development of 12 January 1998 on safety and hygiene of work with tractors, machines, tools and technical devices used in agriculture (Journal of Laws No. 12, item 51),
- Regulation of the Ministry of Agriculture and Rural Development of 4 August 2017 on health and safety at work in handling livestock (Journal of Laws 2017, item 1692),
- Ordinance by the Ministry of Agriculture and Rural Development of 24 June 2002 on occupational health and safety in the use and storage of plant protection products and mineral and organic-mineral fertilisers (Journal of Laws No 99, item 896),
- Regulation of the Minister of the Environment of 24 August 2006 on occupational safety and health when carrying out certain forestry work (Journal of Laws No. 161, item 1141).