What are work regulations?
Work regulations are an internal employer document that sets out the organisation and order of work in a workplace, as well as the rights and obligations of the employer and employees connected with the employment relationship. In Poland, they are governed primarily by the Labour Code, in particular Articles 104 to 1043.
The document translates general labour law rules into practical arrangements applicable within a particular organisation. It may specify, for example, how employees confirm their attendance, how absences are reported, which workplace rules apply, how company property should be used, and what health and safety requirements employees must observe.
Work regulations do not replace employment contracts, collective agreements or mandatory provisions of labour law. They must comply with these sources and cannot place employees in a less favourable position than the law permits. Where a provision of work regulations conflicts with mandatory labour law, the statutory rule will prevail.
What do work regulations cover?
Under Article 1041 of the Polish Labour Code, work regulations should address matters concerning the organisation and order of the work process. Their scope usually includes rules on the time and place of work, the method of confirming arrival and presence at work, procedures for justifying absences, and rules for notifying the employer of sickness or other reasons preventing attendance.
The regulations may also set out obligations related to occupational health and safety, fire safety, protection of confidential information, use of IT systems, protection of company assets and workplace conduct. In organisations that process personal data or use monitoring systems, internal workplace rules should be coordinated with data protection requirements and the information obligations imposed on employers.
Work regulations can also identify conduct that may be treated as a breach of workplace order. This is relevant when an employer considers applying disciplinary measures. However, the document cannot create arbitrary sanctions or extend the employer’s powers beyond those provided for in the Labour Code.
Depending on the employer’s business, the regulations may contain detailed rules concerning access to production sites, remote access to company systems, the use of protective equipment, alcohol and substance policies, reporting incidents, or communication with clients. These provisions should be tailored to the actual risks and operational needs of the workplace.
When are work regulations required?
As a general rule, an employer employing at least 50 employees must introduce work regulations, unless the relevant matters are regulated by a collective bargaining agreement. This requirement results from Article 104 § 2 of the Polish Labour Code. An employer with at least 20 and fewer than 50 employees may also be required to introduce work regulations if requested by a workplace trade union organisation.
Smaller employers may adopt work regulations voluntarily. This can be useful where the business has a growing workforce, operates in several locations, uses shift work, or needs clear procedures for attendance, security, health and safety, and the use of company resources.
Before regulations are introduced, they should be agreed with the workplace trade union organisation, where one operates. If no agreement is reached within a jointly set deadline, the employer may establish the regulations independently. If no union exists, the employer generally adopts the document independently, while observing the applicable labour law framework. Under Article 1043 of the Labour Code, work regulations enter into force after two weeks from the date they are made known to employees in the manner adopted by the employer.
Why is legal support with work regulations important?
Work regulations often become relevant during employment disputes, labour inspections, disciplinary proceedings or internal investigations. Unclear, outdated or inconsistent provisions may make it more difficult for an employer to demonstrate that employees were properly informed about applicable workplace rules.
A prompt consultation with an employment lawyer can help identify provisions that conflict with the Labour Code, fail to reflect the company’s actual working arrangements, or create unnecessary litigation and compliance risks. It may also help avoid errors in implementing monitoring, remote work procedures, disciplinary policies or rules concerning working time.
For employees, reviewing work regulations may be important where workplace rules affect daily duties, attendance requirements, health and safety, privacy, or the consequences of breaching internal procedures. The document should be accessible and understandable to the people to whom it applies.
Legal support regarding work regulations may include:
- drafting or updating work regulations in line with Polish labour law;
- reviewing internal policies for compliance with employment, health and safety, and data protection rules;
- support in consultations with trade unions;
- assessing rules on workplace monitoring, confidentiality and company property;
- preparing procedures for absence reporting, workplace discipline and internal communication;
- representing employers or employees in disputes concerning workplace rules.
Need legal assistance with work regulations? Contact us.