Employment & labor law

Basic elements of the Compliance policy in the workplace. Part 1

In the context of labor law, we can speak of „Compliance”, i.e. a compliance management system, regardless of the employer’s business profile, because the introduction and application of appropriate procedures is an extremely important issue. Every cautious employer should consider implementing Compliance procedures, not only due to the fact that a well-designed Compliance policy sets certain frameworks and standards for desired behaviour in the workplace and aims to minimise the risk of labour law violations, but also because having well-designed procedures makes the employer more attractive in the eyes of potential and current employees. In addition, Compliance policy is an element that can protect the employer against unjustified claims or liability. In this article, we would like to introduce you to the most important issues related to the Compliance policy in the workplace.

1. Compliance

Compliance in general means compliance with certain standards that the entity is obliged to follow. This concept should be considered broadly, i.e. both as compliance with applicable law, but also as compliance with non-legal standards. When talking about compliance in labour law, attention should be paid to its external and internal function. The external Compliance function includes, in particular, all procedures that affect comfort and safe working conditions, such as, for example, anti-mobbing and equal treatment policies, or the procedure for reporting irregularities or violations of the law. On the other hand, the internal function of Compliance is primarily the systematization of activities within an entity, which should minimize the risk of labour law violations and should minimize the risk of incurring various types of liability resulting from these violations.

2. Elements of a workplace compliance policy

A well-constructed compliance policy can, and should, cover the following areas:

  1. the process of recruiting and hiring employees (fair and transparent recruitment, proper informing of candidates about recruitment course and results, the issue of storing documents, concluding an appropriate contract with the employed employee and related issues),
  2. protection of personal data of candidates for employees and employees (compliance with the provisions of the GDPR and Labour Code, in particular with regard to: the catalog of personal data which the employer may request from the candidate or employee, the use of video monitoring or e-mail monitoring at the workplace, creating procedures for using work equipment),
  3. internal acts introduced by the employer in accordance with the law (work regulations, remuneration regulations),
  4. health and safety management policy (preventing and minimizing the occurrence of e.g. accidents, breakdowns, occupational diseases and procedures to be followed in the event of their occurrence, obligations to inform about risks, assistance process),
  5. respect of the principles of non-discrimination and equal treatment,
  6. antimobbing policy,
  7. procedures related to whistleblowing (whistleblowers in the workplace).

3. Summary

Compliance should be an important part of every company, because having appropriate procedures not only protects the employer, but also increases its attractiveness in the eyes of employees and affects their working comfort and safety. The following articles will discuss in detail the issues related to the whistleblowing phenomenon and mobbing prevention, as the procedures related to these issues are undoubtedly one of the key elements of a well-constructed Compliance.

Author team leader DKP Legal
check full info of team member: Dorota Dobroch

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