HR and payroll

Article 23¹ of the Labor Code concerns the transfer of a workplace or part thereof to another employer. This provision governs situations in which employees are automatically transferred to the new employer along with the workplace.

We will advise you how to carry out such a process and why it is a good solution.

In practice, the transfer of a workplace (or part of it) to another employer requires thorough preparation. Although regulations stipulate that employees transfer to a new employer automatically, companies still face significant organizational and documentation responsibilities. The most common challenges include meeting deadlines, ensuring employees are properly informed, organizing HR and payroll data, and ensuring the continuity of settlements (salaries, vacation leave, absences, bailiff seizures, and benefits).

As part of our support, we help manage the entire process safely for both parties: we analyze employment status and documentation, identify key responsibilities of both the former and new employers, prepare a step-by-step action list, and support with communication and formalities. We pay particular attention to ensuring the consistency of data provided during the process (e.g., length of service, full-time employment, salary components, used and outstanding vacation time, and timesheets), as this data forms the basis for subsequent settlements and documentation.

We also help with practical matters following a transfer: how to properly maintain personnel files and records, how to organize document flow, what to do with internal regulations and procedures, how to handle HR and payroll requests and settlements, and how to prepare the company for employee questions after a change of employer. This means that the transition doesn't end with the team transfer, but rather truly streamlines collaboration and minimizes the risk of errors that can only become apparent weeks or months later.

This process is often a beneficial organizational solution, allowing for work and team continuity during business changes (e.g., restructuring, spin-offs, contract takeovers). However, to truly deliver benefits, it must be carried out in a planned manner and in compliance with regulations, with full control over documentation, deadlines, and settlements. We provide consulting and operational support in this area.