Employment contract

There are the following employment contract options:

• Employment contract for an indefinite period
• Employment contract for a definite period

Services agreements

A normal five-day working week is 40 hours.

Employees shall be granted the following types of leave:          

• Annual paid leave:

20 days – up to 10 years of employment history.

26 days – on or after 10 years of employment history.

Holiday on demand – 4 days per year of annual leave without prior approval.

• Sick leave.
• Maternity leave — 20 weeks for female employees upon the

delivery of one child, with social security benefits. 

31 weeks if she has delivered twins and up to 37 weeks for five

or more children.

• When maternity leave ends, both parents are entitled to

32 weeks of parental leave or 34 weeks for multiple births.

It can be availed at the end of the year when the child turns six

years old and up to four segments, each lasting for a minimum

of eight weeks, and will receive 60% of their basic allowance.

• Other leave (childcare, weddings etc.)

The most common benefits for employees are:

▪ medical insurance

▪ social insurance

An employment contract may be terminated (depending on the circumstances of the case):

• by mutual consent of the employee and employer,
• upon a written declaration by one of the parties observing the period of notice (termination with notice),
• upon a written declaration by one of the parties without observing the period of notice (termination without notice),
• upon expiry of the employment period.

Notice during the probation period:

• 3 working days’ notice – if the probationary period is up to 2 weeks.
• 1-week notice – if the probationary period exceeds 2 weeks.
• 2 weeks’ notice – if the probationary period exceeds 3 months.

Notice for Temporary or Permanent employment:

• 2 weeks – if the employee was employed for up to 6 months.
• 1 month – if the employee was employed more than 6 months and less than 3 years.
• 3 months – if the employee was employed for 3 years or more.

Termination by an employer.

Termination due to fault of an employee:

• employee has seriously and intentionally violated his basic duties,
• has committed an offence,
• losing a license or qualification.

Immediate termination without the employee’s fault can take place if the employee’s incapacity to work, due to illness:

• lasts longer than 3 months (if he/she has been employed for less than 6 months).
• lasts longer than the joint period of receiving sick pay from the employer, statutory sickness benefit and rehabilitation benefit for the first 3 months:
• if the employee has been employed for at least 6 months,
• if he/she has become unfit to work through an accident at work or occupational disease.

Termination by an employee

• due to his/her own desire,
• due to health reasons (if a medical certificate is issued stating that the work performed by the employee constitutes a health hazard and the employer does not transfer him/her within the time period specified in the certificate to another work position appropriate to his/her health condition and qualifications.
• if an employer seriously violates its basic duties towards an employee.

Severance payment is given by employers who have at least 20 employees and the dismissal of the employee is through the fault of the employer.

1-month severance pay – less than 2 years of employment,

2 months’ severance pay – between 2 and 8 years of employment,

3 months’ severance pay – over 8 years of employment.

Foreign nationals require a work permit, but the following categories of foreign nationals are exempted from obtaining a work permit:

• Citizens of the EU, European Economic Area (EEA), and Switzerland, and members of their families.
• Foreign nationals with a settlement permit.
• Foreign nationals who have long-term EU resident status in Poland.
• Individuals who were granted temporary protection. refugees, and people granted ‘tolerated stay’ status.
• Other foreign nationals are not obligated to obtain a work permit under specific regulations.