OUTLINE
Employment contracts and policies in Poland
Contract terms in Poland
Fixed-term contracts in Poland
Contract extensions in Poland
Working hours in Poland
Remote work in Poland
Tailored employment contracts in 100+ countries
Employment contracts in Poland
Every country in the world has its own rules and regulations when it comes to employment contracts. If you want to hire employees in Poland, you’ll need an understanding of the specific requirements that apply there.
In this section, we’ll cover the different employment contract types in Poland, the required clauses you need to include, and the employment policies you should put in place to ensure compliance. We’ll also talk about the legal limits to working hours in Poland, plus the new rules governing remote work for Polish employees.
Read on to learn everything you need to know to draw up a compliant employment contract in Poland.
Employment contracts and policies in Poland
In Poland, an employment contract is an agreement between an employer and an employee. Technically, a verbal contract is acceptable under Polish law, but it’s best practice to put your contract in writing. In any case, employers in Poland need to provide their employees with a written statement of the main terms of the agreement within seven days of employment.
Employment contracts in Poland have to be concluded in Polish, although it’s possible to draw up a bilingual version for employees of other nationalities. For example, you could conclude a contract that’s in both English and Polish if you hire an employee who doesn’t read Polish. However, if there are any discrepancies between the two versions, the Polish version prevails.
Another particularity of employment contracts in Poland is that they have to be physically signed with a ‘wet signature’. In some cases, digital signatures can be used, but only when both parties possess a ‘qualified electronic signature’. Since this is rare for employees, it’s more common to use a wet (physical) signature.
Types of employment contracts in Poland
The Polish government recognises three types of employment contracts:
Permanent employment contracts: Indefinite contracts in Poland are employment contracts without a fixed end date. They are long-term contracts that only end when one of the parties chooses to terminate the agreement.
Fixed-term employment contracts: Fixed-term or definite contracts in Poland are employment contracts with a fixed end date. Fixed-term contracts need to specify the reason for the fixed term and can’t be longer than 33 months.
Contracts for trial periods: In Poland, employees are given a separate contract for their probationary period, which precedes any other type of contract. The maximum duration of a contract for a trial period is three months, with a possible extension of up to one month.
Contract terms in Poland
Employers in Poland are free to set their own contract terms through negotiation with each employee. However, they can’t provide less generous terms than those set by the Polish Labour Code or any other relevant legislation. This means they must meet at least the legal minimum standards for things like minimum wage, paid holiday, and sick leave.
Required contract terms in job contracts in Poland
Employment contracts in Poland must include certain mandatory terms, including:
- The names and details of the parties
- The type of employment contract
- The work and remuneration conditions
- The type and place of work
- The start date
- The end date (for fixed-term contracts)
In the case of probationary contracts, which are concluded separately from other job contracts in Poland, the contract should specify the intended type and length of contract that will be concluded if the employee is successful in their probationary period.
Changes to the employment contract
Employees in Poland have the right to request changes to the terms of their contract once per calendar year, as long as they have been employed by the employer for at least six months. They can request to change the type of employment or the type of contract, for example by asking to switch from full-time to part-time work. The employer can refuse the request, but they must give their reasons for doing so. Employers must respond to requests within one month.
Fixed-term contracts in Poland
Employers can use fixed-term contracts in Poland to hire employees for a set period. For example, you could use a fixed-term contract to engage a seasonal worker or to provide coverage for a permanent employee who is temporarily off work. However, there are limitations on when and how fixed-term contracts can be used.
Limitations on fixed-term contracts in Poland
Employers in Poland can only hire employees on fixed-term contracts for a maximum of 33 months, including any extensions or renewals. They can also only give the same employee a maximum of three fixed-term contracts (even if the total period of employment adds up to less than 33 months). After this period, the employee is deemed to be employed on a permanent contract.
There are certain exceptions to these rules. For example, employers may be able to employ workers on more than three fixed-term contracts for seasonal or occasional work. The restrictions also don’t apply to contracts for a term of office, or to substitution contracts.
What happens at the end of a fixed-term contract in Poland?
As of 2023, employers have to give a reason for the termination of a fixed-term contract. If the employer feels the reason is unfair, they can challenge it. If an employee is a member of a trade union, their employer must notify the trade union of its intention to terminate the employment, as well as their reasoning.
If an employer and an employee agree to extend a fixed-term contract beyond its initial term, this is treated as a new fixed-term contract. This is allowed as long as it doesn’t exceed the 33-month limit.
Contract extensions in Poland
Sometimes, an employer might hire an employee on a fixed-term contract but find that they require the employee’s services for longer than initially planned. As long as the employee agrees, you can choose to extend a fixed-term contract in Poland, although this is subject to certain limits.
Limitations on contract extensions in Poland
When an employer extends an employee’s fixed-term contract, this is treated as the signing of a new contract. Employers may do this as long as they don’t enter into more than three fixed-term contracts with the same employee, and the total period of employment doesn’t exceed 33 months. If an employer breaks these rules, the employee is considered to be hired on a permanent basis.
Extending contracts for independent contractors in Poland
Under Polish law, there is no restriction on the length of time that you can engage an independent contractor or the number of times you can renew their contract. However, if the relationship involves a level of control and direction on the part of the employer, it could be considered an employment relationship, and you could face a claim for employee misclassification.
Working hours in Poland
Employees in Poland are expected to work no more than 40 hours per week. Working hours are typically either 8am to 4pm or 9am to 5pm, with an unpaid hour’s break for lunch.
Maximum working hours in Poland
The Polish Labour Code sets the standard working time in Poland at eight hours per day or 40 hours per week. This is worked out as an average over a reference period. Each public holiday that occurs during the reference period reduces working time by eight hours.
Overtime in Poland
Overtime payment is compulsory in Poland for employees who work more than 40 hours per week. Overtime is capped at 48 hours per week and 150 hours per year. Employers in Poland have to pay their employees their normal rate of pay for overtime hours, plus 50% if the overtime falls on a day which is a normal workday for the employee.
They have to pay normal pay plus 100% if the overtime is:
- At night
- On a Sunday or public holiday (when this isn’t a normal workday for the employee)
- On a day off granted to the employee in exchange for working a Sunday or public holiday
- Where the work exceeds the average 40-hour weekly working time standard
Daily and weekly rest times in Poland
Employees in Poland are entitled to a continuous rest period of at least 11 hours per day. They also have the right to at least 35 consecutive hours of rest per week. In theory, employees shouldn’t work on Sundays, unless this is specifically required for their job. There are certain exceptions to these rules, for example for managers and those working to preserve human life or health.
Maximum working hours on the Polish student visa
International students who are in Poland on a student visa have the right to work during their studies, but there are certain restrictions. Students can work for up to 20 hours per week during term time, as well as full-time for three months during holidays. There are no limitations on working hours in Poland for students who have a Residence Card.
Remote work in Poland
As in many countries, remote work has become more and more common in Poland over the last few years. For this reason, the Polish government recently amended the Labour Code to provide specific rules regarding remote work for employers and employees.
Remote work legislation in Poland
In 2023, the Polish government introduced new remote work legislation. It includes a clear definition of remote work, which is defined as work performed entirely or partially away from the employer’s premises, using direct communication at a distance. According to the law, employers in Poland must define the rules of remote work either:
- In an agreement with the employees’ trade union organisation
- In their specific remote work regulations
- In an order to perform remote work
- In an agreement concluded with the employee
Employee requests for remote work
Employers in Poland can agree on remote work with an employee either when they sign their employment contract or during the course of their employment. Employees can also request occasional remote work for no more than 24 days each calendar year.
Benefits for remote workers in Poland
The new remote work legislation in Poland introduces new benefits to employees who work remotely. Employers must now provide and maintain equipment for employees who work remotely or provide them with a ‘lump sum’ if they use their own equipment. They must also reimburse employees for the cost of working from home, although the law doesn’t define exactly what this must look like.
Poland remote work visa
Due to the rise in remote work over the past decade, many countries around the world have introduced new visas specifically for remote workers. These allow remote employees to live and work in a country for a set period, without the usual immigration requirements.
As of 2024, there is currently no remote work visa in Poland. However, remote employees may be able to work remotely in Poland by applying for a long-term visa and temporary residence permit and declaring their purpose under the ‘other’ category. Applicants would usually need to demonstrate their reason for coming to Poland, which might be personal, cultural, or material.
Tailored employment contracts in 100+ countries
Like all countries, Poland has its own rules and regulations when it comes to employment contracts — and non-compliance could land your company in hot water.
Thankfully, our team is experienced in drawing up tailored, compliant contracts in Poland (and more than 100 countries worldwide). That means that, when you work with us, you won’t need to waste time worrying about whether you’ve got it right. Instead, you can focus on what matters: your business.
Compliantly hire workers anywhere with CXC
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
DISCLAIMER: The information contained on this website is provided for general informational purposes only and should not be construed as legal, tax, or other professional advice on any subject matter. While we endeavor to ensure that the content is accurate and up to date, we make no warranties or representations of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information contained herein. The content on this site is not intended to be a substitute for professional advice. Users should not act or refrain from acting based on any information on this website without seeking the appropriate legal, tax, or other professional advice tailored to their specific circumstances from qualified professionals. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website. Use of the information on this site does not create an attorney-client, tax advisor-client, or any other professional-client relationship between the user and the website or its authors.
Australia/New Zealand Head Office
Asia Head Office
EMEA Head Office
North America Head Office
Latin America Head Office
Level 3, 99 Walker Street
North Sydney, NSW 2060 Australia
