We have performed legal due diligence related to labor law in companies of different sizes (in which employment ranged from several to several hundred persons), with varying employment characteristics, e.g. in a pharmaceutical company, a construction company, or a manufacturing company.
Our assistance consisted in indicating what could be improved, and in suggesting the new legal solutions matching the manner of work performance in a given company and particular job descriptions.
Our employee audits are basically of preventive nature, which means that they allow to improve the shortcomings, to define the potential risks in case of an inspection by the National Labor Inspectorate (PIP) or the Social Security Institution (ZUS). They also enable the company to get prepared for such inspections and to eliminate the irregularities on a timely basis.
Legal due diligence focusing on labor law
In the course of the legal due diligence we checked in particular:
- the internal documents of the employer (such as work regulations, remuneration rules),
- the templates of the employment contracts, statements on termination of employment contracts or of terminating the employment relationship used by the employer; other templates of staff documents used by the employer on a standard basis,
- the staff records, the manner of archiving staff documents, the agreements with employees and managerial contracts (employment contracts, non-competition agreements, confidentiality agreements, property entrustment agreements etc.),
- the applied working hours systems and schedules,
- the issues related to granting leave and to the leave period pay,
- the issues related to the Company Social Benefits Fund (ZFŚS),
- the compliance with other employer’s obligations under the legal regulations in force.
As far as the post-audit conclusions are concerned, we prepared the change proposals concerning the client’s internal documents.