Innovative Business Law Solutions. Labor Law Practice

Transcription

1 Innovative Business Law Solutions Labor Law Practice

2 Our Firm Kochaƒski Zi ba & Partners was established in 1998 by Piotr Kochaƒski, advocate and member of the Warsaw Bar Council and the District of Columbia (Washington, D.C.) Bar. Our Firm currently consists of more than 80 lawyers, tax counselors and patent attorneys supported by 40 of administration staff. We are a full-scope, business-orientated law firm dedicated to providing Clients with innovative and efficient legal solutions of the highest professional standards. The only Polish law firm to be awarded in the prestigious Financial Times Innovative Lawyers 2014 ranking The distinct advantage of our Firm is that we do not just provide Clients with a standard law service, but we handle each case in a multidisciplinary manner, combining experience and knowledge in related fields of law. This comprehensive one-stop-shop approach is highly appreciated by our Clients, as it is extremely efficient and leads to the best quality and results. Our lawyers are experts in various fields of law, including banking and finance, real estate, civil, company and corporate, M&A, tax, industrial, telecommunications, competition and distribution, and European law. Our philosophy is to work closely with Clients in order to understand their businesses and tailor our services to their needs. A laureate of the Business Centre Club and the Polish Ministry of Foreign Affairs: Ambassador of Polish Economy 2013 and 2014 International Practice Our Firm is a Polish law firm with global capabilities through its professional relationships with groups of international law firms operating under various brands. Since 2004, we have been a Polish member of the International Lawyers Network ( The ILN is a group consisting of over 6,000 lawyers in 90 member firms representing 66 countries. Through our membership of the ILN we have been engaged in various top level transactions, including international M&A projects, project finance or high-profile transactions on the real estate market. A laureate of the Business Centre Club, the Polish Ministry of Foreign Affairs and the European Economic and Social Committee European Medal 2013 and 2014 We are also members of Mackrell International ( a network of medium-sized law firms in major jurisdictions, dedicated to Client satisfaction. Founded 20 years ago, it currently numbers over 60 firms with more than 100 offices in five continents. International affiliation gives us the possibility to run and manage our cross-border projects globally. 2

3 Labor Law Our lawyers specialize in labor law and have broad practical experience in supporting entrepreneurs in all aspects of employer-employee relations within the scope of collective labor, in particular group redundancies. We also offer a comprehensive evaluation of employment effectiveness and advise on employment restructuring. We prepare all necessary documents, including individual employment contracts and management contracts, with the goal of optimizing the costs of employment. We advise on drafting internal labor law regulations, including inter alia bonus schemes for managerial staff and other employees. As part of M&A transactions of work facilities, we offer comprehensive analysis and development of the appropriate procedures. We also assist when making changes to, or terminating, employment relationships. If necessary, we represent our clients in contentious matters resulting from employment relationships, regarding inter alia damages for termination of employment contracts, harassment and discrimination. We advise and assist clients in their relations and communication with works councils and trade unions. Our Practices: n General Labor Law Advice n Labor Litigation n Labor Cost Optimization n Employment Restructuring n Management Contracts n Collective Labor Law 3

4 General Labor Law Advice Human resource management requires that entrepreneurs not only have detailed knowledge of Polish and EU law, but also knowledge of the current case law of Polish and EU courts. Following the frequent changes in legislation and case law is a complex task that requires the knowledge and experience that our team possesses. The KZP team provides comprehensive day-to-day legal assistance in all employment-related matters. To this end, they cooperate, on a day-to-day basis, with the HR departments and the management, and regularly monitor legislative changes and the current case-law of the labor courts. We provide advice, in particular, regarding the creation and modification of all documents related to employment. If necessary, preparation and modification of contracts is done with our tax advisors. We also provide an update service to our clients on changes planned in the provisions related to all aspects of employment. Anna Gwiazda a.gwiazda@kochanski.pl n Preparation of employment and other types of contracts related to the employment relationship n Advice on the arrangement of the time and place of work, including telecommuting, mobile workers, and employees at management level n Preparation of internal documentation related to employment, including work regulations, salaries employee benefit fund, programs of rewarding management staff and employees at other levels, company car use polices, rules regarding financing employees training, etc. n Creation of remuneration and bonus systems n Development of solutions preventing mobbing and discrimination n Advice on resource allocation from The Employee Benefit Fund (Zak adowy Fundusz Âwiadczeƒ Pracowniczych) n Advice required due to change of company ownership n Preparation of contracts under civil law, including contracts for management staff and senior executives Karolina Klunder k.klunder@kochanski.pl

5 Labor Litigation The number of individual labor disputes has increased in recent years. Increasingly, employers are becoming involved in lengthy proceedings before the labor courts and the average waiting time for scheduling a hearing can even last several months. We focus on ways of effectively preventing labor disputes, but if such do occur, we find solutions aimed at mitigating the conflict and allowing our clients to focus on conducting their business activity. Excellent knowledge of the relevant provisions of law and understanding of our clients needs, allows us to provide comprehensive and effective legal advice at the stage of conciliatory negotiations, and if necessary, professional representation in the court proceedings as well. Our procedural team has extensive experience in conducting various labor court disputes. Anna Cichoƒska a.cichonska@kochanski.pl n Risk assessment of employees claims with respect Tobiasz Szychowski t.szychowski@kochanski.pl to potential litigation n Mediation and amicable settlement n Representing employers before labor courts with regard to disputes concerning all aspects of the employment relationship, in particular: n redundancy n working time n bonus payments n workplace discrimination and mobbing n employee s private interests protection n unfair competition and non-competition agreements n Support to employers during inspections or investigations by the administrative authorities (Social Insurance Institution, National Labor Inspectorate) 5

6 Labor Cost Optimization The current economic situation is causing many employers to look for savings. One of the possible ways of saving is optimization of the fiscal costs of employment. The KZP employment law team have, for many years, been advising both Polish and foreign entrepreneurs on how to reduce labor costs without losing valuable employees. We have built up solid experience during the implementation of numerous projects related to labor cost optimization. Each solution is adjusted to the individual needs of a business and based on the results of an audit of the legal and financial structure of employment. We provide advice for companies which have started the implementation of new solutions so as to ensure their proper functioning during the period of changes. We also provide professional legal assistance in cases of disputes with tax authorities and insurance bodies. Tomasz Zaleski t.zaleski@kochanski.pl n Audits of the legal and financial structure, employment costs and documentation related to employment on the basis of the employment relationship and relations under civil law taking into account relative risk analysis, and preparation of recommendations for fiscal labor cost optimization models n Advice on the implementation of solutions related to fiscal labor cost optimization, including, in particular, preparation of opinions, drafting employment documents and introducing changes into the internal records of employment n Preparation of requests for interpretation to the tax authorities in the scope of the proposed solutions n Representation before the tax authorities and courts Andrzej Malec a.malec@kochanski.pl

7 Employment Restructuring During economic crisis, company restructuring, including employment, is very often the only way to to achieve business goals. Restructuring, however, does not always mean liquidation of workplaces. KZP s team of [labor] lawyers assists in seeking and implementing solutions which adjust the structure and employment level to the current economic needs of the enterprise, and at the same time bring tangible savings as well. Anna Gwiazda a.gwiazda@kochanski.pl n Advice on amendment of an employment form n Employment restructuring relating to a company liquidation or company s activity limitation n Advice on amendment or termination of an employment relationship n Preparation of analyses in terms of benefits for redundant employees n Participation in negotiations with employees, and assistance in developing agreements on termination of employment or civil law contracts n Legal and tax analysis prior to implementation of a redundancy plan, including development of assumptions for planned redundancies and providing opinions on redundancies in terms of compliance with the employer s applicable internal laws and regulations n Advice on the process of carrying out the procedures group redundancies, including development of a schedule for planned redundancies, creating regulations for group redundancies and other documents, submitting necessary notices n Participation in any negotiations and consultations of the employer with trade unions or employees representatives Szymon Ga kowski s.galkowski@kochanski.pl

8 Management Contracts Proper formulation of the principles of cooperation between an entrepreneur and a collaborator allows the elimination or minimization of the risk of costly litigation, protecting the interests of the parties to the contract. Therefore, we offer our clients comprehensive assistance in creating and modifying any provisions of civil law contracts, including management contracts, as well as bonus programs for management staff and other employees, company car use policies, or non-competition agreements. We offer tax efficient solutions, tailored to individual needs, taking into account the specificity of a given business activity. Gra yna Sylwestrzak g.sylwestrzak@kochanski.pl n Preparing complex documentation regarding cooperation with management staff n Legal and economic audits of structure and employment costs n Risk analysis and recommendations within the scope of permitted models of fiscal optimization of employment costs n Implementation of tax optimization schemes within the scope of employment cost n Preparation of applications for interpretation within the scope of proposed solutions to tax authorities n Representation before tax authorities and in court proceedings Anna Zi ba a.zieba@kochanski.pl

9 Collective Labor Law Our team of lawyers specializing in labor law at KZP have years of experience in providing legal support with respect to existing relations between employers and employees' representatives. We also provide advice with respect to collective labor law disputes and all types of processes which trigger employment restructuring. Anna Golenia n Legal support in group redundancies n Negotiations with trade unions n Preparation of documents related to labor law, including collective bargaining agreements, work regulations, remuneration regulations, social fund regulations n Comprehensive support in the processes of transferring the establishment to a new employer under Article 231 of the Labor Code, including negotiations with employees representatives and the drafting of agreements on the transfer of employees 9

10 Contact: tel fax Metropolitan Plac Pi sudskiego Warsaw, Poland Office hours: Monday-Friday 9.00 a.m p.m.