Supervisors’ instructions and employees’ basic duties

Employees must perform their work conscientiously and diligently. However, the duty to follow supervisors’ instructions has defined limits: instructions must concern work and must not conflict with legal provisions or the employment contract. This is how the Polish National Labour Inspectorate (PIP), in its “Employee duties” section, describes the rule.

This guide concerns employee duties. It is not intended to classify B2B cooperation or contracts of mandate, or to assess whether a particular instruction complies with the law.

Supervisors’ instructions: two limits on the duty

Any description of the duty to follow instructions must retain both limits identified by PIP together:

• Connection with work — the supervisors’ instructions concerned must relate to work.
• No conflict with the law or the employment contract — the duty concerns instructions that conflict with neither legal provisions nor the employment contract.

This is therefore not an unlimited duty of obedience. Simply stating that an instruction comes from a supervisor does not convey the full rule described by PIP: neither its connection with work nor the condition that it must not conflict with the law or the employment contract may be omitted.

Working time, work regulations and workplace order

PIP lists, in particular, the duty to comply with:

• the working time established at the workplace;
• work regulations and the order established at the workplace.

This is a list of duties, not instructions for keeping working-time records.

Occupational health and safety and fire protection

Employees must comply with occupational health and safety regulations and principles, as well as fire protection regulations. Both occupational health and safety elements must be retained: regulations and principles alike.

This guide does not describe occupational health and safety training procedures or risk assessments.

The interests of the workplace and protection of property

The duties identified by PIP also include looking after the interests of the workplace and protecting its property.

Confidentiality: not all information falls within the same description

PIP lists two confidentiality duties:

• keeping confidential information whose disclosure could expose the employer to harm;
• observing confidentiality requirements specified in the contract and legal provisions.

This description should not be replaced with a general prohibition on disclosing any information about work. In the first point, the condition that disclosure could expose the employer to harm matters; in the second, it is the scope of confidentiality specified in the contract and legal provisions. This guide does not determine whether particular information is protected.

Principles of social coexistence

Employees must also observe the principles of social coexistence at the workplace. This is another duty listed by PIP, alongside those concerning work organisation, safety, property and confidentiality.

Optional organisational checklist

To organise the details of an instruction, you may voluntarily prepare a short note covering:

• the task communicated by the supervisor;
• arrangements concerning how it is to be carried out, if these have been communicated;
• relevant provisions of the employment contract concerning the task;
• organisational matters requiring clarification.

This is solely an organisational recommendation, not an additional legal duty, a test of an instruction’s legality or a procedure for refusing to carry it out. Preparing such a note does not establish whether a particular action complies with the law.

The key principle

Conscientious and diligent work and following supervisors’ instructions do not mean unconditional obedience: instructions must concern work and must not conflict with legal provisions or the employment contract. When describing confidentiality, it is equally important to retain the scope indicated by PIP rather than extend it to all information.

Source: Polish National Labour Inspectorate — “Forms of employment and basic rights and duties”, “Employee duties” section.