Employee Briefing
An employee briefing is a meeting between an employer and employees, typically held before redundancies, restructuring, or company liquidation. The briefing aims to inform employees about planned changes and explain their impact on employment.
Employee Briefing – what is it?
During the briefing, the employer should provide employees with information about the reasons for the changes and discuss the terms of any potential termination, such as severance pay, the notice period, and benefits related to the termination of employment.
An employee briefing is important for both employees and the employer. Employees have the right to advance notice of changes that will affect their employment, and employers have a duty to comply with labour law and foster good employee relations.
In Poland, employee briefings are regulated by the Labour Code. According to the Labour Code, an employer is obliged to conduct an employee briefing in the event of dismissing at least 20 employees or in the case of company liquidation. However, a briefing may also be conducted for a smaller number of employees or in other circumstances related to the termination of employment.
When is an employee briefing due?
An employee briefing is applicable to employees in the event of:
- Collective redundancies – when the employer intends to dismiss at least 20 employees within 30 days.
- Liquidation or significant reduction of the workplace – when the employer intends to completely or significantly reduce the scope of operations.
- Retirement or disability pension – when an employee retires or receives a disability pension due to reaching retirement age or being unfit for work.
- Transfer of undertaking – when the employer transfers the undertaking or part of it to another entity.
Employees are entitled to receive information about the reasons for dismissal, the terms of any potential termination (e.g., severance pay, notice period), and opportunities for assistance in finding new employment.
It is worth noting that in the case of individual dismissal, an employee is not entitled to an employee briefing. However, the employer may decide to conduct such a briefing for a specific employee, which can help in better understanding the reasons for dismissal and providing support for the employee in finding new employment.
How much is severance pay for an employee?
The amount of severance pay depends on many factors, such as length of service, salary level, and reasons for termination of employment. In Poland, the minimum amount of severance pay is 1/2 of the monthly remuneration for each year of employment with a given employer.
In the case of collective redundancies, the minimum severance pay is 1/3 of the monthly remuneration for each year of employment with a given employer. However, the amount of severance pay may be set higher than the minimum if the employer decides on such a solution or if it has been specified in the employment contract or internal work regulations.
It is also worth noting that in some cases, an employee may be entitled to additional benefits, such as unemployment benefits, additional remuneration for holiday leave, or compensation for unfair dismissal.
When does an employer not have to pay severance?
An employer does not have to pay severance pay in the case of individual dismissal, i.e., when the employment of a single employee is terminated for reasons other than collective redundancies, liquidation or significant reduction of the workplace, retirement or disability pension, or transfer of undertaking.
In the case of individual dismissal, an employee is not entitled to severance pay, unless they are entitled to it under an employment contract or internal work regulations.
However, an employer may decide to voluntarily pay severance to an individually dismissed employee. This may be due to a desire to maintain a good relationship with the employee, a positive company image, or a willingness to assist the employee in finding new employment.