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Employment restructuring

The outbreak of the SARS-CoV-2 pandemic has brought about significant changes in the economy which have led to a decrease in demand for work, and made it necessary for businesses to curtail their activity and, to some extent, change their business profile. Employers now face the challenge of adjusting to the current situation not only in terms of the way work is performed, but also in requiring them to develop a new employment structure.

Kochański & Partners assist employers across all sectors with employment restructuring and adapting to current business needs, via selecting the optimal staffing structure and form, and developing a response strategy, leading clients safely through the various stages of the selected restructuring path.

 

OBJECTIVE – the basis for successful restructuring

Each employment restructuring requires a precisely defined objective (e.g. lowering costs, changing the business profile) and tailored measures necessary for its achievement. A relatively wide range of options available to the employer usually enable employment levels to be maintained (e.g. by changing the formula of cooperation with employees, making forms of employment more flexible, reaching agreements / serving notices of termination amending employment terms & conditions), whilst significantly reducing the risk of possible court disputes via agreements on renouncing employment contracts or introducing voluntary redundancy schemes).

 

We use available employment restructuring tools to support employers in:

  • making forms of cooperation with employees more flexible;
  • changing work and pay terms & conditions (reaching agreements / serving notices of termination amending employment terms & conditions);
  • handling individual redundancies;
  • reaching agreement to suspend the application of provisions of labour law (Article 9[1] of the Labour Code);
  • reaching agreement on the application of less favourable employment terms & conditions than those resulting from employment contracts (Article 23[1a] of the Labour Code);
  • reaching agreement suspending the application of a collective labour agreement (Article 241[27] of the Labour Code);
  • introducing voluntary redundancy schemes;
  • handling collective redundancies.

How can we assist?

Kochański & Partners assistance covers in particular:

  • drawing up action plans,
  • drafting documents (including development of redundancy selection criteria),
  • holding talks with trade unions or employee representatives,
  • conducting negotiations with employees,
  • representing employers before competent authorities and – if necessary – in court proceedings.

Benefits for employers:

  • Optimising operating costs
  • Streamlining employment levels
  • Maximising the prospects of retaining key employees
  • Minimising the risk of lengthy and costly litigation
  • Strengthening the competitive edge of enterprises
  • Adjusting the employment structure to current needs
  • Matching the employment structure to strategic goal

Contact us:

Anna Gwiazda

Anna Gwiazda

Attorney at Law, Partner, Head of Labor Law Practice

+48 660 765 903

a.gwiazda@kochanski.pl

Anna Golenia

Anna Golenia

Advocate, Senior Associate

+48 728 432 417

a.golenia@kochanski.pl

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