Defining an employee's scope of duties (zakres obowiązków) correctly is one of the most important elements of human resources management in any business. Under Polish labour law, the employer must familiarise every new employee with their duties, the way the work is to be done and their basic rights. This seemingly simple legal requirement involves many important aspects that can have far-reaching consequences for both parties to the employment relationship.
The scope of duties is not just a formal document but a practical tool that sets the framework for cooperation between employer and employee. Drawing it up properly can prevent many conflicts and misunderstandings later on, while a careless approach can lead to legal and organisational problems.
The employer must familiarise the employee with the scope of their duties, the way the work is to be done and their basic rights (Article 94 point 1 of the Labour Code (Kodeks pracy)). Failure to do so may expose the employer to liability in employment disputes
Note that the law does not state clearly whether the scope of duties must be in writing. However, for evidential and practical purposes it is far better for it to take the form of a document. Such a document can be an annex to the employment contract or a separate document, which often proves to be the more flexible and practical solution.
Legal basis for defining an employee's scope of duties
The obligation to define an employee's scope of duties arises directly from the Labour Code. The employer must not only tell the employee what their tasks are, but also how they are to be performed and what rights the employee has. This is part of the wider process of introducing the employee to the job and to the organisation of work in the given unit.
The scope of duties must be closely linked to the type of work specified in the employment contract. This means that the employer cannot arbitrarily extend the employee's duties beyond the framework agreed in the contract without following the proper legal procedures. Every instruction from the employer must stay within the limits set by the type of work agreed.
The type of work should be specified in the employment contract (Article 29 § 1 point 1 of the Labour Code) by indicating a specific position or function. The scope of activities makes the duties set out in the contract more precise and cannot go beyond their legal framework
It is also important that the scope and extent of work duties should be appropriate to the nature and complexity of the tasks. The employer must take into account the employee's education, professional experience and the specific nature of the position. Employees cannot be given duties that exceed their competence or the capabilities resulting from their professional qualifications.
The employer may define the employee's scope of duties orally, because the law does not prohibit this. From a practical point of view, however, the written form is strongly recommended. It helps avoid disputes over interpretation and serves as evidence in the event of any conflict between the parties to the employment relationship.
Form and content of the scope of duties
The scope of duties can take various organisational forms, but the most important thing is that it is precise and clear to both parties. It is most often drawn up as a separate document that is not an integral part of the employment contract. This solution has many practical advantages, especially when organisational changes are needed.
Employment contracts often contain only a general clause stating the employee's position and thus the type of work. The scope of activities makes these general contractual provisions more precise. This allows the employer to specify in more detail which tasks belong to the duties of the given employee.
Ideally, the list of duties should be a separate document, because it is then easier to change when needed without amending the employment contract. Otherwise, every change requires an agreement with the employee or a notice of change of terms (wypowiedzenie zmieniające)
If a separate document listing the specific activities the employee will perform is drawn up, it can be adjusted without changing the employment contract. This is particularly important in fast-changing business conditions, where the organisation of work may need frequent adjustments. That flexibility has its limits, though — more care is needed, for example, with people covered by pre-retirement protection.
Documents defining the employee's scope of duties should be placed in Part B of the employee's personnel file. This is an organisational requirement that allows HR records to be kept properly and ensures access to information about the employee's duties in the event of an inspection or dispute.
These are the basic elements a well-prepared scope of duties should contain:
- A precise description of the position and the place where the duties are performed
- A detailed list of the employee's tasks and activities
- The responsibilities and powers associated with the position
- Reporting lines and relations with other employees
- A description of the required qualifications and professional competences
- The rules for assessing how the duties are performed
Substance of the scope of duties
The scope of duties is directly linked to the type of work specified in the employment contract. The specific tasks for a given position are often set out in a separate document, in which the scope of activities is drawn up as a bulleted list of the employee's duties. This way of presenting the information is easy to read and makes the employer's expectations easy to understand.
The tasks included in the scope of duties include both those that apply to all employees in the organisation and those specific to the position. The first group includes, among others, duties related to complying with internal regulations, occupational health and safety rules, the work regulations and other rules in force in the organisational unit.
The scope of duties often includes a point obliging the employee to carry out other instructions from their superior. Such a point authorises the superior to give instructions, but only within the limits set by the type of work agreed, and does not permit arbitrary orders
The second group of duties concerns activities specific to the given position. These may be operational, analytical, managerial or other tasks, depending on the nature of the position. It is important that these duties are worded in a specific and measurable way, which allows the employee's work to be assessed objectively.
The document defining the scope of duties can also include information on the employee's reporting line, responsibilities and powers. Such additions make the document more complete and a more useful tool for managing human resources in the organisation.
The basic categories of duties that should be included in the document:
- Core duties directly related to the position
- Additional duties resulting from the organisation of work in the company
- Duties related to occupational health and safety
- Duties concerning compliance with internal regulations
- Duties related to the protection of company information and data
- Duties concerning cooperation with other employees and departments
| Category of duties | Examples of tasks | Frequency | Responsibility |
|---|---|---|---|
| Core | Customer service, keeping records | Daily | Direct |
| Organisational | Attending meetings, reporting | Periodically | Shared |
| Health and safety | Following procedures, using protective equipment | Continuously | Individual |
| Regulatory | Punctuality, dress code, confidentiality | Continuously | Individual |
Procedure for changing the scope of duties
Changes to the scope of activities that still involve the same type of agreed work do not require the employment contract to be amended. This is a very important rule that allows the employer to manage the organisation of work flexibly without complicated legal procedures. Such changes may involve, for example, reorganising internal processes, introducing new work tools or adjusting tasks to current business needs.
The situation becomes much more complicated, however, when the activities the employee is to perform go beyond the limits of the agreed type of work, job title, function or profession. In that case the change to the scope of activities must be made by agreement of the parties or by a notice of change of terms of the employment contract. An exception is provided by Article 42 § 4 of the Labour Code: where justified by the employer's needs, the employee may be assigned work other than that specified in the contract without notice for a period not exceeding 3 months in a calendar year, provided this does not reduce their pay and corresponds to their qualifications. The formalities for a notice of change are similar to those for terminating an employment contract with notice.
The employer should avoid changes to the scope of duties that would in fact be a hidden change to the employment contract by imposing duties outside the limits of the agreed type of work. Such actions can lead to legal disputes
Notice of change of the terms of the employment contract is given when the employee is offered new terms of employment in writing. In that case, the employment contract of an employee who, before half of the notice period has elapsed, tells the employer that they refuse to accept the new terms will be terminated when the notice period expires (Article 42 § 3 of the Labour Code). The reference point is always the terms set out in the contract itself, whose elements are covered by our employment contract template.
If, on the other hand, the employee accepts the new terms, they take effect after the notice period expires. If the employee does not refuse within that time, they are deemed to have accepted the new terms – the employer's letter should inform them of this, and without such information the employee may refuse until the end of the notice period. This procedure requires particular care on the employer's part, because carrying it out incorrectly may lead to an unexpected termination of the employment relationship.
The process of changing the scope of duties should follow this pattern:
- Analyse the nature of the planned changes and whether they are consistent with the employment contract
- Assess whether the changes fall within the existing type of work
- Prepare documentation of the changes with a business justification
- Consult legal advisers in case of doubt
- Talk to the employee and present the plans
- Formally introduce the changes in line with the chosen legal procedure
- Document the whole process in the employee's personnel file
Practical example: An IT company hired a programmer to develop web applications. As part of a department reorganisation, it also wants to give him database administration tasks. If these tasks fall within the programmer's position, they can be introduced without changing the contract. If, however, the company wanted to give him additional online marketing duties, this would require a formal change to the employment contract (an agreement of the parties or a notice of change of terms) – unless it is a temporary assignment of other work under Article 42 § 4 of the Labour Code.
Practical aspects of managing the scope of duties
Managing employees' scopes of duties properly requires a systematic approach and regular review of the documents. Employers should remember that the scope of duties is not a one-off document but a tool that should be updated as the organisation changes and the company grows.
Regular reviews of scopes of duties help identify areas that need updating and adapt tasks to the organisation's current needs. The law does not specify how often such reviews must take place – good practice is to review at least once a year, but in fast-growing companies they can be carried out more often.
Good communication with employees about their duties is also important. Handing over the document once is not enough – employees should be able to ask questions and receive explanations about their tasks. Such communication builds trust and prevents misunderstandings.
The employee should be familiarised with the scope of their duties, the way the work is to be done and their basic rights in a way that allows them to perform their tasks properly. The employer may define this scope orally, but it is often added as an annex to the contract
Documents relating to the scope of duties should be stored in an orderly way and be accessible to authorised persons. Every change should be properly documented, with the date it was introduced and the reason for it. This practice is particularly important in the event of external inspections or employment disputes.
Employers should also remember to train their managers in the proper application of the rules on employees' scopes of duties. Managers and heads of department must understand the legal limits and the procedures for changing their subordinates' duties. Documents changing the terms of employment, such as contract annexes, are prepared by our HR and payroll team.
Key principles of managing the scope of duties effectively:
- Regular review and updating of the documents
- Clear communication with employees about their tasks and expectations
- Documenting all changes with dates and reasons
- Training managers in the legal rules
- Consulting the legal department in the case of larger reorganisations
- Monitoring compliance with labour law
The most common mistakes in defining the scope of duties
Practice shows that employers often make typical mistakes when drawing up and managing their employees' scopes of duties. One of the most common problems is wording the duties too generally, which does not give the employee a clear picture of the employer's expectations. This can lead to misunderstandings and conflicts later on.
Another common mistake is including in the scope of duties tasks that go beyond the type of work specified in the employment contract. Employers are sometimes unaware that extending duties beyond the framework of the contract requires a formal procedure for changing the terms of employment.
A clause on carrying out other instructions from a superior that is worded too broadly can lead to abuse and violations of employee rights. Such instructions must always stay within the limits set by the type of work agreed and cannot be arbitrary
Irregular updating of scopes of duties is also a problem. Many companies draw up these documents when they hire an employee and then do not update them for years. As a result, the employee's actual duties may differ significantly from those formally set out in the documents.
Another mistake is poor communication with employees about changes to their scope of duties. Employers sometimes introduce changes unilaterally without properly informing employees of their new tasks and expectations. This can lead to disputes and lower team motivation.
Some employers also make the mistake of not putting the scope of duties in writing. Although the law does not strictly require the written form, its absence can make it difficult to prove which specific duties were entrusted to the employee.
The most common mistakes and how to avoid them:
- Wording that is too general – use specific and measurable descriptions of tasks
- Going beyond the contract – every task must fall within the type of work
- No updates – documents should be reviewed and updated regularly
- Poor communication – changes require employees to be properly informed
- No written form – all arrangements should be documented
- Imprecise clauses – avoid wording on additional instructions that is too broad
