The employment relationship from the perspective of employee obligations

The idea of looking at the employment relationship from this perspective came to us as a result of conversations with employers. We began to notice that even in casual small talk, our interlocutors increasingly pointed to the growing number of obligations on their side, while at the same time, there was no corresponding increase in obligations imposed on employees.

Of course, under both EU and Polish labour law, the employee has always been – and likely always will be – the weaker party in the employment relationship. Given this established hierarchy, one should not expect the regulations to impose more obligations on the employee, similar to those on the employer, the effects of which we can genuinely observe, such as in the form of a written statement.

However, as current observations of the employer-employee relationship show, it is high time we broadened our view of the employee’s obligations – not only through the lens of Article 100 of the Labour Code, but also from ethical and social perspectives. It is true that employee obligations are discussed less frequently, and more softly than those of the employer. However, it is not true that employees have no such obligations – they sometimes simply fail to realise them.

Employee knowledge about obligations often still limits itself to those strictly defined by the labour code. They are familiar with concepts such as safeguarding the interests of the workplace, the employer’s property, following social cooperation rules, and adhering to supervisors’ instructions. They are aware of the importance of following occupational health and safety (OHS) and fire safety rules, as well as complying with the internal workplace regulations. After all, violations in these areas are still the most frequently cited reasons for terminating employment with or without notice. Moreover, employers and supervisors primarily focus on these matters—and rightfully so. However, the realities of the modern job market have made it necessary for Polish employers and employees to also focus on obligations that extend beyond the 1970s, when the Labour Code was drafted. Today, global corporate standards compel almost every employee, regardless of the size of the company, to follow not only the basic obligations outlined in the Labour Code but also the principles of these corporate rules. As a result, employees today have ethical and social obligations, which they either do not know about or know little of.

Although this article is about employee obligations, it is impossible to avoid highlighting the role that employers can and should play in the process of raising employee awareness. Employees co-create the organisation, but it is the employer, due to their position, who sets the direction in which the organisation is headed. Without presenting the prevailing rules to employees, an employer should not expect the employee to know them and act accordingly.

Today, the employee is not just a task performer; their attitude towards work, engagement or lack thereof, has a real impact on the company’s condition and co-creates the organisation. With the strengthening trend of the specialist labour market, this is becoming increasingly noticeable. Conversations with employers show that in such a reality, employees most often struggle with identifying their obligations in two areas – as a team member and as a partner in building the company’s image.

In the first area, employees often do not realise that they are co-responsible for the atmosphere in the team, which directly affects work efficiency. This primarily involves supporting less experienced employees, as well as temporarily taking over tasks of absent or unwell colleagues. Often, in response to a supervisor’s request, employees argue that such actions go beyond their job description. Nothing could be further from the truth. While respecting the regulations regarding working time, salary, and qualifications, it is the employer who organises the tasks assigned to the employee, which the latter often seems to forget. Ideally, employees should take a proactive approach and, as long as it is within their competencies and capabilities, not even wait for instructions from above but ensure that the team’s work process remains uninterrupted. Similarly, it is the employee’s duty to de-escalate conflicts rather than escalate them. This does not mean being an informer or a mediator but responding quickly to emerging issues and addressing them in accordance with the model adopted by the company. The chances of effective work and achieving set goals are significantly reduced when the team’s atmosphere doesn’t even encourage physical presence, let alone task engagement. This is a step away from jeopardising the employer’s interests.

In the age of social media, it is also crucial for employees to be aware of the impact their online statements have on the employer’s image. While participating in online discussions on industry portals, they should remain consistent with the values promoted by the employer and ensure that any criticisms are expressed within acceptable boundaries. Listening to employers’ feedback, one might unfortunately get the impression that employees’ awareness of their role as partners in building the employer’s image is still relatively low.

This is not the time or place to search for the reasons behind employees’ still limited knowledge of these less standard obligations. However, it is enough to say that these obligations exist, and their number will likely only grow. Anyone who has ever had the opportunity to review the ethical codes or other policies of international corporations’ employees will undoubtedly agree with this assertion.