Poland

Key Facts at a Glance

Labour Code (Kodeks Pracy)

The Labour Code (Kodeks Pracy, Act of 26 June 1974, as amended) is the primary source of Polish employment law. It regulates the rights and obligations of employees and employers, covering contract formation, working conditions, remuneration, leave, health and safety, and termination. Significant amendments in 2023 introduced remote work provisions and transposed the EU Work-Life Balance Directive.

Employment Contract Types

Form Requirements

• An employment contract must be concluded in writing. The employer must provide the employee with a written contract or written confirmation of the agreed terms before the employee commences work (Art. 29 § 2).
• The contract must specify: the parties, contract type, date of conclusion, work conditions and remuneration (type of work, place of work, remuneration, working time, start date).
• Within 7 days of commencement, the employer must provide additional written information on: daily and weekly working time norms, overtime pay rules, days off, notice period applicable, and collective agreement coverage.

Key Risk: Allowing an employee to start work without a written contract constitutes an offence under Art. 281 of the Labour Code and may result in a fine of PLN 1,000 to PLN 30,000 from the National Labour Inspectorate (PIP).

Labour Code (Kodeks Pracy)

Dismissal Law

Polish dismissal law distinguishes between termination with notice (wypowiedzenie) and termination without notice (rozwiązanie bez wypowiedzenia). The level of protection depends on the type of employment contract.

Notice Periods - Indefinite and Fixed-Term Contracts

Notice periods for probationary contracts are shorter: 3 working days (up to 2 weeks' probation), 1 week (over 2 weeks' probation), and 2 weeks (3-month probation).

Justification Requirement

• For indefinite contracts: the employer must state a specific, genuine, and concrete reason for dismissal in writing. Failure to do so renders the termination challengeable.
• For fixed-term contracts: since the 2023 amendments (transposing the EU Transparent and Predictable Working Conditions Directive), employers must also provide a written justification and consult with the trade union.
• The reason must exist at the time of dismissal and must be communicated to the employee in the notice letter.

Dismissal Without Notice (Art. 52 - Disciplinary Dismissal)

An employer may terminate immediately without notice in the following circumstances:

Gross Breach of Duties

Serious violation of basic employee duties (Art. 52 § 1 point 1). Includes theft, intoxication at work, gross insubordination, or unauthorised absence. Must be exercised within 1 month of becoming aware of the grounds.

Criminal Offence

Commission of a crime during employment that is obvious or confirmed by a final court judgment, and which prevents further employment in the held position (Art. 52 § 1 point 2).

Loss of Required Licence

Loss of qualifications or licences necessary to perform the work in the position held, through the employee's own fault (Art. 52 § 1 point 3).

Trade Union Consultation

Mandatory: Before dismissing an employee who is a member of a trade union (or who has requested trade union representation), the employer must notify the relevant company-level trade union organisation in writing and state the reason for dismissal. The trade union has 5 days to raise objections (3 days for dismissal without notice). While the trade union's objection is not binding, failure to consult constitutes a procedural defect that may result in the dismissal being overturned by a labour court.

Mass Redundancy (Act of 13 March 2003)

The Act on Specific Rules for Termination of Employment Relationships for Reasons Not Attributable to Employees applies to employers with 20 or more employees. Mass redundancy thresholds within a 30-day period:

Severance Pay (Collective Redundancies)

Under the Act of 13 March 2003, employees dismissed in collective redundancies are entitled to severance pay (odprawa):

Severance is capped at 15 times the minimum wage. This severance also applies to individual redundancies (where the employer has 20+ employees and the redundancy reason is not attributable to the employee).

Trade Unions (Ustawa o związkach zawodowych)

The Act on Trade Unions of 23 May 1991 (as amended) governs the formation and operation of trade unions in Poland. The Polish Constitution (Art. 59) guarantees freedom of association and the right to form and join trade unions. Poland has a pluralistic trade union system, meaning multiple unions may operate within a single workplace.

Formation and Structure

• A company-level trade union organisation requires a minimum of 10 members who are employees of, or perform work for, the employer.
• Trade unions must register with the National Court Register (KRS). Registration grants legal personality.
• Unions may operate at three levels: company-level (zakładowa), inter-company (międzyzakładowa, covering employees of multiple employers), and national federations/confederations.
• Since 2019 amendments, self-employed individuals and civil-law contractors may also join or form trade unions.

Major Confederations

Membership figures are approximate. All three are represented in the Social Dialogue Council (Rada Dialogu Społecznego) as nationally representative trade union organisations.

Key Rights and Protections

• Consultation on individual dismissals: The employer must consult the trade union before dismissing its member or a represented employee. The union has 5 days to respond (3 days for dismissal without notice). The opinion is advisory, not binding.
• Collective bargaining: Trade unions have the exclusive right to negotiate and conclude collective labour agreements (ponadzakładowe and zakładowe układy zbiorowe pracy).
• Protection of union officials: Designated union representatives (their number depends on union membership) enjoy enhanced dismissal protection. The employer may not terminate or unilaterally change the working conditions of a protected union official without the union's consent.
• Information rights: The employer must provide the trade union with information necessary for the conduct of trade union activities, including financial data relevant to employees' working and pay conditions.

Trade Union Pluralism: Where multiple trade unions operate at a single employer, they should present a joint position on matters requiring consultation. If unions cannot agree on a joint position within 30 days, the employer may act independently (unless specific provisions require agreement of each union separately). In collective redundancy matters, each representative trade union must be consulted individually.

NSZZ Solidarność · OPZZ

Works Councils and Employee Representation

Poland transposed the EU Information and Consultation Directive (2002/14/EC) through the Act on Informing and Consulting Employees of 7 April 2006 (Ustawa o informowaniu pracowników i przeprowadzaniu z nimi konsultacji). This established employee councils (rady pracowników) as a complementary channel to trade unions.

Employee Councils (Rady Pracowników)

• Must be established at employers with 50 or more employees, at the initiative of at least 10% of employees.
• The council consists of 3 members (50-250 employees), 5 members (251-500 employees), or 7 members (500+ employees).
• Members are elected for a 4-year term by secret ballot of all employees.
• Council members are protected against dismissal and unilateral changes to employment conditions during their term and for 1 year thereafter (employer must obtain consent of the council for any such action).

Information and Consultation Rights

Relationship with Trade Unions

Trade Union Priority: Where a representative trade union organisation operates at the employer, its rights to information and consultation take precedence. The employee council does not operate alongside a representative trade union - the union assumes these functions. Employee councils are therefore primarily relevant at workplaces without trade union representation.

European Works Councils

Poland has transposed Directive 2009/38/EC on European Works Councils through the Act of 5 April 2002 (as amended). The Act applies to Community-scale undertakings and groups with at least 1,000 employees across the EEA, including at least 150 employees in each of two or more Member States. Polish employees participate in EWCs through elected or appointed representatives.

Working Time

Working time rules are set out in Section VI of the Labour Code (Art. 128–151). Poland implements the EU Working Time Directive with some national variations, including flexible reference periods and multiple working time systems.

Core Rules

• Daily limit: 8 hours per day (in a basic working time system).
• Weekly average: 40 hours per week, averaged over a reference period of up to 12 months (extended reference periods require agreement with trade unions or, in their absence, employee representatives, and must be notified to the labour inspectorate).
• Maximum weekly working time including overtime: Average of 48 hours per week over the reference period.
• Daily rest period: Minimum 11 consecutive hours of uninterrupted rest per 24-hour period.
• Weekly rest period: Minimum 35 consecutive hours of uninterrupted rest per week (including at least 11 hours of daily rest), generally including a Sunday.
• Breaks: Employees working more than 6 hours are entitled to a 15-minute paid break.

Overtime

Working Time Systems

• Basic system: 8 hours/day, 40 hours/week (standard).
• Equivalent system: Daily working time may be extended up to 12 hours (or 16/24 hours for specific roles such as security, monitoring), averaged over the reference period.
• Task-based system: Working time determined by the tasks assigned; no fixed daily hours. Employer and employee agree on tasks so they can be completed within the standard norms.
• Abbreviated working week: Work performed on fewer than 5 days per week with extended daily hours (up to 12).
• Weekend/holiday system: Work performed exclusively on Fridays, Saturdays, Sundays, and public holidays, with daily hours up to 12.

Sunday and Holiday Work

Work on Sundays and public holidays is generally permitted only in specific situations defined by Art. 151⁹a of the Labour Code (e.g., continuous operations, shift work, rescue services, transport, hospitality, healthcare, trade). Employees working on a Sunday are entitled to a substitute day off within 6 days before or after the Sunday worked.

Retail Restrictions: Since 2018, the Act on Restriction of Trade on Sundays and Public Holidays progressively limited Sunday trading. Since 2020, retail trade is prohibited on most Sundays (7 exceptions per year). Employees cannot be required to work in retail trade on prohibited Sundays.

Fixed-Term Employment (Art. 25¹ Labour Code)

Since the 2016 reform, Polish law imposes strict limits on the use of fixed-term contracts to prevent abuse and encourage permanent employment. These rules are among the more prescriptive in the EU.

The 33-Month / 3-Contract Rule

• The total period of employment under fixed-term contracts between the same parties may not exceed 33 months (Art. 25¹ § 1).
• The total number of fixed-term contracts between the same parties may not exceed 3 (Art. 25¹ § 1).
• Exceeding either limit results in automatic conversion to an indefinite contract - from the day following expiry of the 33-month period, or from the day of conclusion of the 4th contract.
• Any agreement between the parties to circumvent these limits is void.

Exceptions Requiring Notification

The 33-month / 3-contract rule does not apply if the employer demonstrates an objective justification and the contract specifies one of the following grounds (Art. 25¹ § 4):

Replacement · Seasonal Work · Term of Office · Objective Reasons

Notification Obligation: When relying on the "objective reasons" exception, the employer must notify the competent regional Labour Inspectorate (PIP) in writing within 5 working days of concluding the contract, specifying the reason and circumstances. The inspectorate may investigate whether the exception is genuinely justified.

Probationary Contracts

Probationary contracts are separate from the fixed-term limit and do not count toward the 33-month or 3-contract cap. However, following 2023 reforms, the permissible duration of a probationary contract depends on the intended subsequent contract:

• 1 month if the intended subsequent contract is less than 6 months
• 2 months if the intended subsequent contract is between 6 and 12 months
• 3 months if the intended subsequent contract is 12 months or more, or indefinite

Equal Treatment and Anti-Discrimination

Anti-discrimination rules in employment are contained in Chapter IIa of the Labour Code (Art. 18³a–18³e) and supplemented by the Act on Equal Treatment of 3 December 2010 (Ustawa o wdrożeniu niektórych przepisów Unii Europejskiej w zakresie równego traktowania), which implements EU anti-discrimination directives.

Protected Grounds

Gender · Age · Disability · Race / Ethnicity · Religion / Belief · Nationality · Political Opinion · Trade Union · Sexual Orientation · Fixed-Term / Part-Time Status

Key Principles

• Direct and indirect discrimination are both prohibited, as well as harassment and sexual harassment.
• Burden of proof: If the employee establishes facts indicating discrimination, the burden shifts to the employer to prove the action was not discriminatory (Art. 18³b § 1).
• Compensation: An employee who has been discriminated against is entitled to compensation of not less than the minimum monthly wage. There is no statutory cap on compensation.
• Equal pay: Employees performing equal work or work of equal value are entitled to equal remuneration, including all pay components and benefits (Art. 18³c).
• Protection against retaliation: Employees who assert equal treatment rights or support another employee in doing so may not be treated adversely as a result.

EU Pay Transparency Directive: Poland must transpose Directive 2023/970 by June 2026. This will introduce mandatory pay transparency reporting for employers with 100+ employees, individual pay information rights, and joint pay assessments where gender pay gaps exceed 5%. Employers should begin preparing internal pay audit processes.

Family Leave (2023 Reforms)

Poland significantly reformed its family leave provisions in April 2023, transposing the EU Work-Life Balance Directive (2019/1158). The reforms expanded parental leave entitlements and introduced new leave types.

Maternity Leave (Urlop macierzyński)

• Up to 6 weeks may be taken before the expected delivery date.
• After 14 weeks post-birth, the mother may transfer the remaining leave to the father.
• Pay: 100% of the assessment base (if only maternity leave is taken) or 80% (if the employee applies for both maternity and parental leave upfront).

Parental Leave (Urlop rodzicielski)

• Duration: 41 weeks for a single birth (43 weeks for multiple births).
• Each parent has an individual, non-transferable entitlement of 9 weeks. The remaining weeks may be shared between both parents.
• May be taken in up to 5 parts, until the child turns 6.
• Pay: 70% of the assessment base (standard option) or 81.5% if maternity and parental leave are combined (with maternity leave at 81.5% as well, resulting in 32 weeks at 81.5%).

Paternity Leave (Urlop ojcowski)

• Duration: 2 weeks (14 calendar days), taken in one or two parts.
• Must be taken before the child reaches 12 months of age (reduced from 24 months by the 2023 reform).
• Pay: 100% of the assessment base.

Childcare Leave (Urlop wychowawczy)

• Duration: Up to 36 months (unpaid), taken until the child turns 6.
• Each parent has a non-transferable entitlement to 1 month; the remaining 34 months may be shared.
• May be taken in up to 5 parts.
• Employee is protected against dismissal during childcare leave.

New Leave Types (2023)

Force Majeure Leave

2 days (or 16 hours) per calendar year for urgent family matters caused by illness or accident requiring the employee's immediate presence. Paid at 50% of remuneration. No documentation required beyond the employee's declaration.

Carer's Leave

5 days per calendar year, unpaid, to provide personal care or support to a family member or person living in the same household who requires significant care or support for a serious medical reason. Employee must give 1 day's advance notice.

Employer Obligations: Employers may not refuse to grant maternity, paternity, or parental leave. An employee returning from parental or childcare leave must be admitted to their previous position or an equivalent position on terms no less favourable. Dismissal during maternity, parental, paternity, or childcare leave is prohibited except in cases of employer insolvency or disciplinary dismissal with trade union consent.

Remote Work (April 2023 Labour Code Amendments)

Effective 7 April 2023, the Labour Code was amended to introduce comprehensive remote work provisions (Art. 67¹⁸–67³³), replacing the temporary pandemic-era regulations. Remote work may be performed fully or partially (hybrid) at a location agreed with the employer.

Types of Remote Work

Regular Remote Work

Agreed upon in the employment contract or subsequently by mutual agreement. May be full-time or hybrid. Governed by a remote work agreement (or internal remote work regulations if no union agreement exists).

Employer-Directed

The employer may order remote work during a state of emergency, epidemic, or when the employer temporarily cannot provide safe working conditions at the workplace. Requires the employee's prior declaration that they have suitable conditions at home.

Occasional Remote Work

Up to 24 days per calendar year, at the employee's request. No formal remote work agreement required. Employer does not need to cover costs for occasional remote work.

Employer Obligations (Regular Remote Work)

• Cost coverage: The employer must cover the costs of installation, service, and maintenance of tools and equipment, as well as electricity and internet costs related to remote work. This may be a lump-sum amount agreed with the employee.
• Equipment: The employer must provide materials and tools necessary for remote work (or agree on employee-owned equipment with an equivalent allowance).
• Health and safety: The employer must carry out a risk assessment for the remote work position and provide OHS information. The employee confirms in writing that the remote workspace meets OHS requirements.
• Data protection: The employer must define procedures for the protection of personal data and conduct an assessment of data protection risks for remote work.
• Control: The employer may inspect the remote workplace (with prior notice and in agreed working hours) for OHS and data protection compliance.

Employee's Right to Request Remote Work

Certain categories of employees have a binding right to request remote work (employer may refuse only if the work type or organisation makes remote work impossible, and must justify the refusal in writing within 7 working days):

• Pregnant employees
• Parents of children under 4 years of age
• Parents of children with disabilities (regardless of age)
• Employees caring for a family member with a disability

Equal Treatment: An employee performing remote work may not be treated less favourably than a comparable employee working on the employer's premises. The employee may not be discriminated against for working remotely or for refusing to work remotely. Remote workers retain full access to training, promotion, and social facilities.

Data Protection in Employment (GDPR / UODO)

Employee data protection in Poland is governed by the EU General Data Protection Regulation (GDPR), supplemented by the Act of 10 May 2018 on the Protection of Personal Data (Ustawa o ochronie danych osobowych) and specific employment data provisions in the Labour Code (Art. 22¹–22³).

Employee Data Collection (Art. 22¹ Labour Code)

• The employer may require the following data from a job candidate: name, date of birth, contact details, education, professional qualifications, and employment history (only if relevant to the position).
• From an employee, the employer may additionally collect: PESEL number (or other ID for non-Polish nationals), bank account details, and data required for specific legal purposes (e.g., health certificates).
• Processing of other personal data requires the employee's consent, which must be freely given. Consent cannot be a condition of employment.

Employee Monitoring (Art. 22²–22³ Labour Code)

UODO (Urząd Ochrony Danych Osobowych)

The President of the Personal Data Protection Office (UODO) is the independent supervisory authority responsible for GDPR enforcement in Poland. UODO conducts inspections, issues decisions, and may impose administrative fines up to €20 million or 4% of annual global turnover.

Alcohol and Drug Testing: Since 2023 amendments to the Labour Code (Art. 22¹c–22¹d), employers may conduct sobriety checks and drug screening if necessary for the protection of life, health, or property. The employer must define the scope, method, and frequency in the work regulations or collective agreement, and inform employees at least 2 weeks before implementation.

Employee Thresholds - Quick Reference

Employee counts are generally based on the average number of employees. Part-time employees count proportionally for some thresholds (e.g., mass redundancy) and as full units for others. Verify the applicable counting method for each obligation.

Practical Timelines

Implementing workplace changes in Poland requires planning around statutory consultation periods, notice periods, and court timelines.

Notice Periods

Process Timelines

Planning Advice: For collective redundancies, allow 3-6 months from initial planning through implementation, including union consultation (20 days), notification to the district labour office (30-day waiting period), and individual notice periods (up to 3 months). Labour court claims for reinstatement or compensation may be filed within 21 days of receiving notice.

Key Challenges and Risk Areas

2023 Labour Code Reforms: The April 2023 amendments introduced comprehensive remote work rules, new leave types (force majeure, carer's leave), revised parental leave, and new protections for fixed-term workers. Employers must ensure all employment contracts, internal regulations, and HR practices have been updated to comply. Non-compliance may result in PIP fines and employee claims.

Rapid Minimum Wage Increases: Poland has experienced significant minimum wage increases in recent years (PLN 4,242 from January 2024, PLN 4,300 from July 2024). The minimum wage is reviewed twice annually when forecast inflation exceeds 5%. Employers must regularly audit pay structures, as many statutory thresholds (severance caps, fines, social fund contributions) are linked to the minimum wage.

Civil-Law Contracts (Umowy Cywilnoprawne): The widespread use of civil-law contracts (umowa zlecenie, umowa o dzieło) instead of employment contracts remains a major enforcement focus. PIP actively reclassifies disguised employment relationships, which triggers back-payment of social security contributions, holiday pay, and overtime. Courts apply a substance-over-form test.

Temporary Agency Work: The Act of 9 July 2003 on Temporary Agency Work limits agency worker assignments to 18 months within a 36-month period with the same user employer. Compliance monitoring has intensified, and circumvention (e.g., rotating workers through different agencies) is subject to enforcement action.

EU Directive Transposition: Poland faces several upcoming EU directive transpositions that will affect employment law, including the Pay Transparency Directive (due June 2026), the Platform Workers Directive, and updates to the European Works Council Directive. Employers should monitor legislative progress and prepare for new compliance obligations.

Growing Trade Union Activism: While overall union density remains moderate (around 12-14%), trade union activity has been increasing, particularly in sectors such as retail, logistics, and technology. The 2019 extension of union rights to self-employed and civil-law contractors has expanded the potential membership base. Employers should maintain constructive dialogue with union representatives.

Labour Inspection (PIP) Enforcement: The National Labour Inspectorate (Państwowa Inspekcja Pracy) conducts approximately 70,000-80,000 inspections annually. Key focus areas include: contract form (employment vs. civil-law), working time compliance, minimum wage, OHS, and the new remote work provisions. PIP inspectors may enter premises without prior notice and impose fines of up to PLN 30,000 (PLN 50,000 for repeat offences).

Resources and Links

Legislation (Official Sources)

• Labour Code (Kodeks Pracy) - ISAP
• Act on Trade Unions (Ustawa o związkach zawodowych)
• Act of 13 March 2003 on Mass Redundancies
• Act of 7 April 2006 on Employee Councils
• Act of 10 May 2018 on Personal Data Protection
• ISAP - Internetowy System Aktów Prawnych (Polish Legislation Database)

Institutions

• PIP - Państwowa Inspekcja Pracy (National Labour Inspectorate)
• ZUS - Zakład Ubezpieczeń Społecznych (Social Insurance Institution)
• UODO - Urząd Ochrony Danych Osobowych (Personal Data Protection Office)
• Ministerstwo Rodziny, Pracy i Polityki Społecznej (Ministry of Family, Labour and Social Policy)

Trade Unions and Social Partners

• NSZZ Solidarność
• OPZZ (Ogólnopolskie Porozumienie Związków Zawodowych)
• FZZ (Forum Związków Zawodowych)

See also

• Europe
• Germany
• Austria
• Sweden
• Italy