Within the Law on Labor Relations, particularly the provisions of Articles 40 to 45, the key obligations of the employer towards the employee during the employment relationship are regulated. These provisions are not merely a formal legal framework – they represent a fundamental guarantee of a balanced, fair and functional relationship between both parties.
Although the legislature sets them out in general terms, their application has a direct impact on day-to-day operations, productivity and the protection of workers' rights. Understanding these obligations is important for employees – so they know what rights they have – and for employers – so they can avoid legal consequences.
Providing Work, Working Conditions and Adequate Pay
One of the employer's fundamental obligations is to provide the employee with work in accordance with the employment contract. This does not mean merely formal employment, but the actual assignment of tasks and engagement within the agreed position. The job description in the contract is not just a control tool for the employer, but also a protection mechanism for the employee – a guarantee that they will not be required to perform tasks outside what was agreed.
It is particularly important to note that the employee has an interest not only in being paid, but also in actually working. By performing their tasks, the employee advances professionally and builds a career. In situations where the employer formally retains the employee but does not assign any tasks, this may be considered a violation of the employee's rights.
Additionally, the employer is obliged to provide the tools, materials and access to business premises required for work. Exceptions are possible only if the parties have agreed otherwise, but this is rare in practice. Regarding pay, the Law establishes that the employer must ensure adequate remuneration – a concept whose interpretation derives from minimum wage regulations and collective agreements.
Occupational Health and Safety – An Obligation, Not an Option
The employer has a clear and unambiguous obligation to provide safe working conditions. This obligation is elaborated in detail through specific occupational health and safety regulations, which set minimum standards that must be respected.
In practical terms, this means the employer must conduct risk assessments, provide appropriate training for employees, take preventive protective measures and implement additional measures for vulnerable categories – for example, pregnant workers. Failure to comply with these obligations can have serious consequences, especially in cases of workplace injuries.
In such situations, the burden of proof falls on the employer – they must demonstrate that they took all necessary protective measures. This is a significant legal protection for the employee, as it relieves them of the need to independently prove the employer's fault.
Protecting the Dignity and Personality of the Employee
The employment relationship is not only an economic one, but a human one. For this reason, the Law imposes an obligation on the employer to respect the personality, dignity and privacy of the employee. This principle has broad application and covers all aspects of the workplace – from communication to the organisation of work.
Special emphasis is placed on the prohibition of harassment and sexual harassment. The employer is obliged to actively prevent such occurrences and to create a working environment in which employees feel safe and respected. This is not merely a moral obligation, but a legal one – with specific legal consequences for non-compliance.
Although the Law does not detail all consequences of violating this obligation, in practice they most often lead to proceedings for damages. This further underscores the importance of prevention and responsible conduct on the part of the employer.
Protection of Personal Data – A Modern Challenge for Every Employer
With the advancement of technology, the protection of personal data is becoming an increasingly important aspect of the employment relationship. The Law provides that employees' personal data may only be processed if this is legally permitted or necessary for exercising the rights and obligations arising from the employment relationship.
In doing so, the employer must observe the fundamental principles: lawfulness and transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality. In practice, this means the employer may not collect unnecessary data, nor use it for purposes unrelated to the employment relationship.
For example, retaining a copy of an employee's ID card after the employment contract has been signed generally has no legal basis. Similarly, publishing employees' data on websites or social media requires their explicit consent, as it is not directly related to the employment relationship.
Suspension of the Employment Relationship and the Obligation to Reinstate the Employee
The Law also addresses situations in which the employee is temporarily unable to perform their work – for example, due to pre-trial detention, serving a sentence or military service. In these cases, the employment contract does not terminate but is suspended – provided the absence does not exceed six months.
During the period of suspension, the employee does not work, the employer does not pay a salary, and the rights and obligations related to work are suspended. Once the reason for suspension ends, the employee has the right to return to work, and the employer is obliged to reinstate them in the same position.
This rule provides stability and security in the employment relationship, even in unforeseen circumstances. The prohibition on terminating the employment contract during the period of suspension serves as an additional protection for the employee.
The employer's obligations during the employment relationship form the foundation of a fair and stable labour system. They are not mere legal formalities, but mechanisms for protecting the employee and ensuring the efficient functioning of the working environment.
In the modern context, issues related to occupational safety and the protection of personal data are of particular importance. While the legal framework exists, it requires continuous adaptation to new challenges.
For employers, complying with these obligations should not be seen as a burden, but as an investment in a stable and productive employment relationship. For employees, knowing these rights is crucial for their protection and professional development. If you believe any of these obligations have been violated, consulting a lawyer is always advisable.
