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Changing contract without consultation? Advice on EU/Polish employment law needed.


Rogalski 5 | 94
12 Oct 2013 #1
A friend of mine from France applied for a job here in Poland and when told she had the job, moved to Poland to take it up, only to find that her contract was for a lower grade job than the one advertised and accepted. She is currently refusing to sign the contract until it is corrected.

Has the employer (a university) broken Polish and EU law by unilaterally changing the contract without consultation and without agreement?
delphiandomine 83 | 17,734
12 Oct 2013 #2
Has the employer (a university) broken Polish and EU law by unilaterally changing the contract without consultation and without agreement?

Unlikely, as the contract wasn't signed by both parties. A verbal agreement is just that, and they (although acting unethically) are quite within their rights to do it. Of course, there may be something in Polish law that can make it binding, but in general, it's her fault for moving before contracts were signed. I'm surprised she uprooted without a contract signed and sealed, to be honest - I wouldn't do it!

Can you tell us if it's a public or private university? The private ones are really struggling at the minute - and it would be very odd for a public one to offer a good position to someone from outside.
wjtk - | 29
12 Oct 2013 #3
I think she can claim that her earlier agreement was a preliminary contract. If Polish law is applicable in this case (and i think it is) she can demand execution of a contract or indemnity for not signing promised contract. In any case:

- she would have to sue them before Polish court,
- if she is determined to push this case forward she will have to employ a lawyer.
legate - | 46
18 Oct 2013 #4
She'll have to prove that the agreement (including the relevant provisions) was concluded earlier (verbally or by email) and I suppose it will be difficult. If there was an email correspondence in which the parties agreed on particular provisions and the employer told your friend "just come and sign", there's a real chance in the court
OP Rogalski 5 | 94
22 Oct 2013 #5
Thanks for replying. It is a public university. They appointed an outsider because she is qualified in a subject area which is not taught widely in Poland - hence why it was not offered to a Pole.


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