Hire in Poland

An agreement for a trial period, lasting up to three months, may be established to assess the employee’s qualifications and suitability for a specific role. Following the trial period, the parties are prohibited from entering into another trial period agreement, except when the employee is to be engaged in a distinct role.

For fixed-term contracts, the duration of the probationary period is contingent on the length of the contract:

• For contracts lasting less than six months, the probationary period is one month.
• Contracts lasting at least six months but less than 12 months have a probationary period of two months.
• For contracts lasting at least 12 months or those of an indefinite nature, the probationary period extends to three months.

In Poland, the daily working hours are limited to 8 hours, with a maximum of 40 hours in an average five-day working week within the agreed settlement period, typically not exceeding 4 months. At GoGlobal, a one-month settlement period is applicable. The weekly working time, including overtime, must not surpass an average of 48 hours during the adopted settlement period. Each employee is entitled to uninterrupted daily rest of at least 11 hours.

Overtime work in Poland is permitted under two specific circumstances:

• When overtime is essential for conducting a rescue operation to safeguard human life, health, property, or the environment.
• In cases of the employer’s special needs, where the employer determines the necessity for overtime work.

The regulations governing the daily rest period indirectly limit the maximum daily hours of overtime. The combined hours of regular work and overtime cannot exceed 13 hours per day to ensure that employees receive at least 11 hours of daily rest. Additionally, the maximum yearly overtime hours must not surpass four hours per day or 416 hours per calendar year.

Overtime compensation is calculated as follows:

• Overtime work on weekdays and Sundays, including holidays designated as normal working days, is compensated at 150% of the regular hourly wage.
• Overtime work at night and on Sundays and holidays typically designated as rest days is compensated at 200% of the regular hourly wage.

The Republic of Poland’s Constitution guarantees everyone the right to safe and hygienic working conditions. This constitutional principle is elaborated in the Labour Code, outlining the responsibilities of both employers and employees in the realm of occupational health and safety.

Employers are obligated to furnish employees with comprehensive training in health and safety regulations. This training is essential before an employee commences work and must be recurrent at regular intervals during their tenure. Through this approach, employers ensure that their workforce possesses the requisite qualifications and skills to execute their duties safely, minimizing the risk of workplace accidents or injuries. This encompasses imparting thorough knowledge of health and safety regulations and protocols.

Health and safety training in Poland are of two types:

• **Initial Training:** Administered before an employee commences work.
• **Periodic Training:** Repeated at intervals ranging from 6 to 12 months, contingent on the employee’s specific job position.

Each employee is mandated to undergo an initial medical examination (“badania wstępne”) before commencing work, followed by periodic examinations (“badania okresowe”) conducted before the expiration date of the initial check, typically occurring every 2-4 years. Additionally, under specific circumstances, an employee may be obligated to undergo a check-up examination if they have been on sick leave for a minimum of 30 calendar days. In such instances, completion of the check-up examination is a prerequisite for the employee’s return to work.

In Poland, it is a widespread practice for employees to receive bonuses. While the legal framework does not specifically govern bonuses, they are typically categorized into discretionary awards, where employees lack enforceable claims, and bonuses that can be legitimately claimed by employees.

These bonuses are granted based on the accomplishment of predefined and objective criteria, as stipulated in the employment contract, the employer’s internal labor regulations, or other relevant documents.

Termination of employees is not uncommon in other sectors as well.

Polish law provides specific guidelines for the unilateral termination, whether with notice or immediate effect, initiated by both employers and employees. The rules governing such terminations may differ based on the type of employment contract. An employment contract can be terminated:

• through mutual agreement of the involved parties,
• by a declaration of intent provided with a stipulated notice period (referred to as ‘termination of an employment contract with notice’),
• by a declaration of intent issued by one of the parties without an advance notice period (referred to as ‘termination of an employment contract without notice’),
• upon the expiration of the agreed contract term.

Reasons for termination of an open-ended or fixed-term employment contract, or termination with immediate effect, must be explicitly specified by the employer. These reasons must be concrete, justified, and genuine. The termination letter should comprehensively outline all grounds for termination, and subsequent introduction of additional reasons before a court is not permissible. In the case of termination with immediate effect, Polish law emphasizes the importance of enumerating termination grounds.

Employees protected by termination laws encompass all individuals employed under open-ended contracts, with additional safeguards for specific life situations or roles held by employees.

Certain statutory limitations restrict an employer’s ability to unilaterally terminate the employment of specific groups of employees, such as those approaching retirement age within four years, individuals in particular life situations (e.g., pregnancy, maternity leave, paternity leave, parental leave, childcare leave, and sick leave), or those holding specific functions (e.g., trade union leaders and works council members).

In cases involving protected employees, obtaining the consent of designated bodies may be necessary for termination. For instance, seeking a trade union’s approval might be required for summarily dismissing a pregnant employee.

Regarding the termination of an open-ended employment contract with notice or immediate termination involving an employee represented by a trade union, the employer is obligated to provide written notice to the trade union regarding the intended termination and the associated reasons. While the trade union’s opinion is advisory, it is not binding on the employer.

Special procedures apply in the event of collective redundancies, targeting employers with at least 20 employees and involving terminations not linked to individual employee performance. Collective redundancies are defined as the dismissal of at least:

The notice period for an indefinite employment contract is contingent on the duration of employment with the same employer:

• Two weeks for employment under six months
• One month for employment exceeding six months
• Three months for employment spanning at least three years

In the case of a probationary period contract, the notice periods are as follows:

• Three working days for trial periods up to two weeks
• One week for trial periods exceeding two weeks
• Two weeks for a trial period set at three months

Additionally, employers have the option of placing an employee on “Garden Leave,” relieving them from work obligations during the notice period while retaining the right to remuneration.

If accrued annual leave remains unused at the contract’s termination, the employee is entitled to receive a cash equivalent.

Severance pay is mandated for individual terminations unrelated to employee performance (applicable to employers with a workforce of at least 20 employees). Redundant employees receive severance pay based on their tenure with the current employer:

• 1 month’s salary for a service period less than 2 years
• 2 months’ salary for a service period between 2 and 8 years
• 3 months’ salary for a service period of 8 years or more.

It’s important to note that severance pay is capped at 15 times the minimum wage, which is 4,242 PLN as of January 2024 (anticipated to increase to 4,300 PLN in July 2024).

Non-Compete Agreements:

The Labour Code explicitly permits employees to engage in concurrent employment with another employer, and employers are generally unable to restrict such dual employment unless a non-compete agreement is established. Non-competition agreements, particularly with key employees, may be considered.

Without a valid non-competition agreement, an employee’s additional employment cannot serve as grounds for justifying the termination of the employment contract.

Parties involved in an employment relationship have the option to enter into a non-compete agreement, which remains effective during the employment term and extends beyond its termination. For the agreement to be valid, it must be in writing. A post-employment non-compete agreement must clearly outline the prohibition period, the scope of the restriction, and the compensation owed to the employee. The compensation must not be less than 25% of the employee’s pre-termination remuneration for a duration corresponding to the non-compete period. Polish law allows such compensation to be disbursed in monthly installments.

Customer Non-Solicitation:

There is a statutory prohibition against inducing an employer’s clients to terminate, fail to fulfill, or improperly fulfill their contractual obligations with the intent of benefiting the inducer or causing harm to the employer.

Employee Non-Solicitation:

Non-solicitation of employees clauses are considered invalid under case law as they infringe upon the right to freely choose employment. Individuals cannot be prohibited from practicing their profession.

In 2019, the European Court of Justice affirmed that companies are required to establish a system for recording the working time of their employees, which must be objective, reliable, and easily accessible.

The right to associate with trade unions is protected for all individuals employed in Poland, ensuring freedom of choice in membership. Joining a trade union is voluntary, and no one can face adverse consequences due to their union affiliation. Trade unions serve to advocate for both collective and individual employee rights and interests. Regarding collective rights and interests, trade unions represent all employees, regardless of their union membership, engaging in activities such as negotiating collective agreements, making arrangements, and reaching agreements on work regulations, remuneration, and the company social benefits fund. If a workplace has a trade union and employs between 20 and 49 individuals, the union may request the adoption of workplace or remuneration regulations, with the content subject to agreement with the trade unions.

A fixed-term employment contract, along with the cumulative period of employment when multiple consecutive fixed-term contracts are entered into between the same parties in the employment relationship, must not surpass 33 months. The maximum permissible consecutive fixed-term contracts are three.

If the employment duration based on fixed-term contracts exceeds 33 months or the number of such contracts surpasses three, the employee is considered to be under an indefinite-term employment contract starting from the day after the lapse of that period or the commencement of the fourth fixed-term contract.

However, there are four exemptions under which fixed-term employment contracts can extend beyond the specified period or number:

• To substitute for an employee during their justified work absence.
• For the performance of ad hoc or seasonal work.
• For the completion of work related to a specific term of office.
• If the employer presents objective reasons linked to specific business needs.

For the fourth exemption, the need must genuinely address a periodic demand and be essential considering all circumstances surrounding the contract. This includes situations where a fixed-term employment contract (originally set to end after the third month of pregnancy) is extended until the childbirth date. The employer is obligated to notify the relevant district labor inspector in writing when entering into a fixed-term employment contract.

Payslips are issued in either hardcopy or soft copy (PDF) format, often delivered via email. Online payslips are commonly accessible through an employee self-service (ESS) platform or a customized portal.

The statutory minimum holiday leave in a calendar year is either 20 or 26 days, contingent on the employee’s tenure. Those with less than ten years of service are entitled to 20 days, while those with at least ten years receive 26 days. Educational achievements, such as university graduation, are considered in the calculation of employment duration. During the leave period, employees are entitled to the corresponding remuneration.

Employees earn the right to their initial holiday leave (equivalent to 1/12 of their entitlement after one year of service) after one month of work. Subsequently, they accrue additional leave each calendar year. The employer must grant leave to the employee in the calendar year when they acquire the right to it. The employer is obligated to allow leave (up to four days per calendar year) on dates specified by the employee.

Regarding carry-over rules, any unused leave should be taken by the end of the third quarter of the following calendar year.

All individuals, including foreign citizens, engaged in employment in Poland under a contract of employment or a contract of mandate, are enrolled in the Polish National Health Fund (NFZ) and entitled to healthcare benefits. Monthly contributions to NFZ are deducted from the employee’s income.

Employees facing incapacity to work due to illness or injury are entitled to time off, provided they substantiate their absence by presenting a medical certificate (sick leave note – zwolnienie lekarskie) to the employer. Self-certification for illness is not permissible for Polish employees seeking sick pay. The sick leave note is automatically transmitted to the employer through the Social Insurance Institution (ZUS) online portal.

During the initial 33 days of incapacity to work due to illness in a calendar year (or 14 days for employees aged 50 or older), the employer pays the employee 80% of their average remuneration. Internal regulations of the employer may stipulate a higher amount. In any case, employees are entitled to 100% of their average remuneration if the incapacity to work is a result of:

• An accident at work.
• Illness during pregnancy.
• Medical tests conducted on candidates for cell, organ, or tissue donors.

If the illness persists beyond 33 days, the employee is eligible for a sickness allowance (zasiłek chorobowy) funded by the Social Insurance Institution (ZUS). The sickness allowance can be disbursed for up to 182 days or 270 days in the case of tuberculosis or during pregnancy-related incapacity to work. The sickness allowance typically matches the amount of sick pay. Hospitalized employees also receive an allowance equal to 80% of their salary.

All employees gain the entitlement to sick pay and sickness allowance from the first day of employment, provided the gap between employments does not exceed 30 days. Otherwise, employees become eligible for sick pay/sick benefits 30 days after enrollment in the insurance scheme. Employers with over 20 employees pay sickness benefits, with the amount deducted from the employer’s social security contributions.

Employees are entitled to two days of paid leave for the following occasions:

• Wedding.
• The birth of their child.
• Funeral of the employee’s spouse, child, father, mother, stepfather, or stepmother.

Additionally, one day of paid leave is granted for:

• Child’s wedding.
• Death and funeral of a sister, brother, mother-in-law, father-in-law, grandmother, grandfather, or another person dependent on the employee or under their direct care.

Childcare: An employee raising at least one child up to the age of 14 is eligible for 16 hours or two days of paid leave from work during a calendar year.

Training Leave: An employee undergoing workplace training at the employer’s initiative or with its consent, as outlined in the Labor Code, is entitled to training leave with compensation for the duration of the training. The durations are as follows:

• Six days – for participation in external exams.
• Six days – for participation in exams to confirm professional qualifications.
• 21 days – during the final year of studies for completing a thesis and preparing for the diploma exam.

Disability Leave: Individuals classified with severe or moderate disabilities are eligible for an additional holiday leave of 10 working days in a calendar year. This right is acquired after one year of work and being classified with one of the specified degrees of disability.

Time Off for Force Majeure: Employees have the right to 2 days or 16 hours per calendar year for force majeure situations, addressing urgent family matters due to illness or accidents where the immediate presence of the employee is necessary. During this leave, the employee receives 50% of the compensation due, and the employer is obligated to grant the leave upon the employee’s request, no later than the day the time off is taken.

Carer’s Leave: Employees are entitled to 5 days per calendar year to provide personal care or support to a family member or household member requiring substantial care or support for serious medical reasons. Eligible family members include a son, daughter, mother, father, or spouse. While no remuneration is provided for carer’s leave, the period counts as part of the employee’s employment history for entitlement purposes. Requests for carer’s leave must be submitted at least one day before the leave starts and need not detail the medical condition of the person requiring care.

Special protection is afforded to women’s employment concerning pregnancy and maternity:

• **Termination Protection:** The employer cannot terminate the employment contract during pregnancy and maternity leave. Fixed-term contracts scheduled for termination after the third month of pregnancy or probationary contracts exceeding one month are extended until childbirth.
• **Working Conditions:** Pregnant employees are exempt from overtime and night work. They cannot be compelled to work outside their regular workplace or in interrupted working hours without consent. Breastfeeding employees have the right to two half-hour breaks during work, included in their working hours.
• **Medical Examinations:** Pregnant employees are entitled to leave for doctor-recommended medical examinations related to pregnancy. Compensation is provided for this absence.
• **Task Restrictions:** Pregnant and breastfeeding women are prohibited from performing strenuous, dangerous, or health-hazardous tasks, as outlined in legal provisions.
• **Maternity Leave:** A woman giving birth to one child is entitled to 20 weeks of maternity leave; for twins, it’s 31 weeks, and for triplets, it’s 33 weeks. Up to six weeks can be taken before the expected date of birth. Maternity allowance, paid by ZUS, is 100% of the average monthly wage over the preceding 12 months.
• 6. **Father’s Entitlement:** If the mother has died or abandoned the child, the child’s father is entitled to the full maternity allowance.
• **Adoption Leave:** Adopting parents are entitled to leave under conditions similar to maternity leave. The duration depends on the number of adopted children, lasting until the child reaches age 7 or, for a child with postponed school attendance, until age 10.
• **Parental Leave:** Parents can take up to 41 weeks of parental leave (43 weeks for multiple births), with nine weeks attributed to the second parent. This leave can be used in one go or up to five parts until the child turns six. The parent on parental leave receives 60% of the basic allowance.
• **Paternity Leave:** A father raising a child has the right to paternity leave until the child reaches 12 months. The leave can be up to two weeks and divided into two parts. The mother can reduce her maternity leave after the first 14 weeks, allowing the father to take the remaining part with maternity allowance coverage.

In addition to annual leave, employees have the right to time off on Sundays and public holidays. Currently, there are thirteen public holidays in a calendar year, and these holidays are separate from the statutory annual leave entitlement.