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Establishment of an employment relationship

The establishment of an employment relationship requires a concerted declaration of intent by the employee and employer, irrespective of the basis of employment.

Prior to the commencement of employment, the employer has the right to collect specified information and request specified documents (personal questionnaire, employment certificates, documents proving professional qualifications). The employer may also subject the job applicant to a check of their qualifications and suitability (tests, interview, presentation of an action plan).

The employer has the right to require the applicant seeking employment to provide personal data, including:

  • name (names) and surname;
  • date of birth;
  • contact details indicated by that person;
  • education;
  • professional qualifications;
  • previous employment.

Personal data relating to education, professional qualifications and previous employment are requested by the employer where this is necessary for the performance of work of a particular type or on a specific position.

In addition, the employer has the right to require that the employee provide:

  • their address of residence;
  • personal ID No. (PESEL), and if they have no PESEL – the type and number of the identity document;
  • any other personal data of the employee, as well as the names, surnames and dates of birth of the employee’s children, where such data are necessary due to the employee’s use of special rights provided for by the labour law;
  • education and previous employment, if there was no basis for requiring the applicant seeking employment to provide these details;
  • the payment account number if the employee has not applied for the remuneration to be paid to them personally.

The employer requests the provision of other personal data where this is necessary for the exercise of a right or fulfilment of an obligation under the law.

Personal data are made available to the employer in the form of a statement by the data subject. The employer has the right to request that the presented personal data be documented.

Translated with the support of the European Labour Authority

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