Polish employment law defines the rights and obligations of the employer and employee, including the employment contract, working hours, wages, leave entitlements, workplace safety, and employment termination procedures. The Polish Labour Code is the source of law governing employment relationships and providing protection for fair working conditions for businesses that employ workers in Poland.
As a local employer or foreign firm looking to enter the Polish market, knowing the rules of Poland employment laws is critical to ensure compliance and minimize litigation. This guide provides information on the main employment regulations, their types, the obligations of the employer, and the legal procedures for employing employees in Poland.
What are Poland’s employment laws?
The Polish employment law provides a legal set-up for the relationship between employers and employees. The main legislation is the Polish Labour Code, which outlines the rights and duties of both parties to the employment relationship.
These laws govern the following aspects of employment:
- Employment contracts
- Working hours and overtime
- Employee remuneration
- Annual and sick leave
- Workplace health and safety
- Equal treatment and anti-discrimination
- Termination of employment
- Trade union rights and collective bargaining
One of the most important principles of Polish employment law is that employee rights are to be safeguarded. Employers are required to provide reasonable working conditions and a safe and healthy workplace and meet regulations that prevent discrimination on the grounds of gender, disability, age, religion, nationality, or any other protected characteristic.
In addition to the Polish Labour Code, employment relationships may also be governed by collective bargaining agreements and internal workplace regulations. These agreements establish additional rights and working conditions for employees but cannot provide terms that are less favourable than those guaranteed under Polish law.
Adhering to Poland employment laws will help employers establish a legally compliant workplace, ensure employee rights, and minimize the risk of employment disputes.
What Is an Employment Contract in Poland?
An employment contract is a legally binding contract that creates an employment relationship between an employer and an employee. It sets the conditions and terms of employment and clarifies the duties of both parties.
Under an employment contract:
- The employee agrees to carry out the assigned tasks at the agreed location and time, with the supervision of the employer.
- The employer agrees to work, pay the agreed salary, and perform all duties arising from the Polish Labour Code.
Employment contracts should be clear and contain the employee’s job title, salary, hours of work, contract length, and other key terms. Well-crafted employment contracts help keep businesses legally compliant and offer clarity for both employers and employees.
What Types of Employment Contracts Are Available in Poland?
According to the Polish Employment Laws, numerous kinds of employment contracts can be signed. They are subject to the length of their existence. The various kinds of employment agreements under the Polish Employment Laws are-
1. Employment Contract for an Indefinite Period
Depending on the employees’ level of job seniority, such a sort of employment agreement provides a reasonably long term of notice. If an employee has worked in a given place of business for over 3 years, this term may be extended by up to 3 months. The lengthy notification duration is one factor contributing to employers rarely agreeing to terminate an employment agreement for an indeterminate period at the commencement of cooperation.
Conversely, an employment agreement reached for an extended period of time boosts a worker’s commitment and devotion to their job. It is well known that these kinds of employment contracts are seen as a guarantee of stabilization, particularly for young people and those close to retirement.
2. Fixed-Term Employment Contract
The clause defining the duration of an employee’s employment is the fundamental component of an employment contract that has been executed for a specified period of time. This fixed-term agreement is made in order to carry out specific duties within the time frame mentioned. On the day specified in the agreement, the agreement will terminate legally.
The number of employment agreements for a defined duration that may be entered into with the same employer and employee is one of the most important restrictions that are imposed under Polish employment laws.
3. Contract for Completion of a Specific Task
Article 25 of the Labour Code of Poland stipulates, among other things, employment agreements that are signed for the duration of the accomplishment of a certain task. This is a kind of fixed-term agreement and is signed, among other things, for the completion of architectural constructions and agricultural projects.
The primary objective of this kind of agreement is to accomplish the parties’ desire to reach a limited-term employment agreement, but the parties cannot agree on an exact date by which the job will be completed. This kind of contract must specify the parties, the nature of the task, and the terms and circumstances of payment.
4. Replacement Employment Contract
The purpose of this contract is to substitute the unavailable employee with a fresh one. The substitution period is over on the day the absent employee returns. In contrast to other agreements that include a stated date of closure, substitute agreements that have been established for the same employee do not bind the employer to the stipulated limitations.
What Are the Legal Requirements for Employment Contracts in Poland?
An employment contract that is legally sound must clearly identify the rights and obligations of the employer and employee. The contract should at least contain:
- Full details of the employer and employee
- Job title and scope of duties
- Place of work
- Employment commencement date
- Type and duration of the employment contract
- Working hours and work schedule
- Salary, payment frequency, and other remuneration
- Annual leave entitlement
- Notice period and termination conditions
Besides the employment contract, employers have other legal responsibilities, including registering employees for social security, keeping payroll records, maintaining health and safety at work, and meeting anti-discrimination and data protection laws. By following these requirements, employers can set up legally compliant employment relationships and minimize the risk of any legal issues.
Which Courts Have Jurisdiction Over Employment Disputes in Poland?
In Poland, the employment disputes are typically handled by Polish labour courts, which are competent to hear employment relations between employees and employers.
These courts typically resolve issues such as the following:
- Wrongful dismissal or unfair termination
- Unpaid wages and employee benefits
- Employment contracts
- Workplace discrimination and harassment
- Working hours and leave entitlements
The Polish Labour Code provides that the employer and the employee do not freely select the foreign court, as doing so would lessen the employee’s rights. Should the dispute not be resolved by discussion, either of the parties may submit a claim to the competent Polish labour court in accordance with the provisions of the applicable employment law.
Conclusion
Knowledge of Polish employment law is crucial for businesses hiring employees or expanding operations in Poland. Employers need to ensure that they comply with the provisions of the Polish Labour Code, from choosing the right employment contract to meeting the regulations regarding working hours, employee rights, workplace safety, and termination procedures. Staying compliant not only helps avoid legal risks and financial penalties but also promotes a fair and productive work environment.
If you are planning to hire employees or establish a business in Poland, OnDemand International can assist with company registration, employment compliance, payroll support, and ongoing legal guidance. Our experienced consultants help businesses navigate Poland’s employment regulations, allowing you to focus on growing your business with confidence.
FAQ’s
What is an employment relationship?
An employment Relationship refers to the partnership between an employee and their employer. It happens whenever someone accomplishes tasks or renders services under predetermined guidelines in exchange for payment.
What are the kinds of Polish employment laws?
The Polish employment laws can either be common or autonomous.
What are the different forms of an employment agreement?
1. For an indefinite period
2. For a fixed period
3. To perform a certain task
4. For the substitution period