Hiring guide in Poland

What should you know about hiring in Poland?

Legal framework

Types of employment contracts

In Poland, the open-ended employment contract, referred to as ‘na czas nieokreślony’, is the most common and stable form of employment. If a contract doesn’t specify a duration, it’s automatically considered indefinite.

However, in certain situations, a fixed-term employment contract can be used to establish a temporary work relationship with a set end date, typically to fulfil short-term job needs. These contracts can last for up to 33 months with the same employee and can’t be renewed more than three times.

Content of an employment contract

The employment contract must be in written form and should contain details about the parties involved, the type of contract, the date of signing, the working conditions, and the compensation. Specifically, it should outline the nature of the work, the location where work will be conducted, the compensation relevant to the job, along with its breakdown, the work hours, and the start time of the work.

Download a free employment contract for Poland through Native Teams.

Oral, written or electronic employment contracts

In Poland, it’s a standard practice to have the employment contract in a written form. But it’s crucial to understand that if the contract isn’t written down, it doesn’t mean the agreement isn’t valid. Even without a written document, what the employer and employee agree upon still counts legally.

Probationary period

The probationary period shouldn’t exceed more than three months, but it can be longer if the worker was away temporarily, like due to sickness, or if they used maternity or parental leave.

Working hours

An employee can’t work for more than one employer for over 40 hours a week, except for additional work by the employee. Part-time employees work fewer hours than full-time employees. If the nature of work or its organisation doesn’t allow for regular eight-hour days, the employer can use a balanced working time system, extending the daily working time up to 12 hours.

Night work

The timing of shift for night work can differ. According to Polish labour laws, night work usually means working between 9:00 p.m. and 7:00 a.m. Someone is considered a night worker if they work for at least three hours during this time within a 24-hour period.

Breaks and types of leaves

Polish labour laws require employees to work for at least 6 hours a day and take a break of at least 15 minutes each day unless other laws say otherwise. Furthermore, employees have the right to rest for at least 11 hours in a row every day and a weekly rest period of at least 35 continuous hours.

Annual leave

Employees receive annual vacation days based on their tenure. Those with less than 10 years of service get 20 days, while those with at least 10 years get 26 days per calendar year. All past employments, regardless of gaps or termination, count towards this calculation.

Public holidays

In Poland, there are 13 official public holidays celebrated each year, each with its own importance. These include New Year’s Day on January 1st, Epiphany on January 6th, Easter Sunday and Easter Monday (dates vary), Labour Day on May 1st, and more.

These holidays carry cultural, historical, and religious significance in Polish society, and they are usually marked with various traditions, celebrations, and customs.

Salary

The national minimum wage for full-time employees is raised to PLN 4,242 GROSS in 2024. The monthly remuneration can not fall below the statutory minimum threshold.

To calculate the salary and taxes in Poland, click here.

Sick leave

The primary healthcare provider determines when an employee is temporarily unable to work and for how long. A certificate from this provider confirms the sick leave period, allowing the employee to receive salary compensation.

Employees under 50 years old can take up to 33 sick days per calendar year. Those aged 50 and above, including those who turn 50 during the year, are entitled to a maximum of 14 sick days per calendar year.

Parental leave

Parents have the right to parental leave to fulfil caregiving duties, which usually lasts 41 or 43 weeks. Once the parental leave ends, employers must reemploy the employee in their previous position or, if that’s not possible, offer a similar position with terms at least as favourable as before the leave began.

Paternity and maternity leave

Pregnant employees with an employment contract get maternity leave, also called “urlop macierzyński”. It usually lasts 20 weeks and can start up to 6 weeks before the due date, giving mothers time to prepare for childbirth and care afterwards.

Likewise, insured fathers in Poland get 2 weeks of paid paternity leave, known as “urlop ojcowski”. Both employed and self-employed fathers can take this leave within 12 months of their child’s birth.

Methods of employment termination

Termination of an employment contract can take various forms. It may occur through mutual agreement between the parties involved, by one party providing notice according to the agreed termination notice period, or by immediate termination without notice.

Additionally, contracts can end upon the expiration of the agreed duration or the completion of a specific task outlined in the contract. In the case of employment contracts for trial periods, termination can happen when the term ends or earlier through notice.

Ordinary dismissal by employer

Employers have the authority to terminate an employment contract without notice in cases where the employee is at fault. Such instances include a serious breach of fundamental duties, engagement in criminal activities during employment rendering the employee unsuitable for continued work, or the loss of a necessary license due to the employee’s negligence.

Notice period and challenging the dismissal

In the case of an indefinite contract, regular dismissal entails specific notice periods. If the employee’s tenure is less than 6 months, the notice period is 2 weeks. For employees who have served for at least 6 months, the notice period extends to 1 month. However, if the employee’s tenure spans at least 3 years, the notice period is 3 months.

In situations where the employee holds a position involving financial responsibility for assigned assets, the parties may agree in the employment contract to reduce the termination notice period to 1 month.

Rights and obligations of unemployed individuals

To qualify for unemployment allowance, individuals need to meet specific requirements. Firstly, they must have been employed for at least 365 days within the preceding 18 months, which encompasses employment not only in Poland but also in other European Union countries. 

Additionally, during this qualifying period, the individual must have earned at least the minimum wage. Another prerequisite is mandatory registration at the Poviat Labour Office. Applicants must not have received any offers of employment, internships, or training during the application period.

Severance pay

In Poland, severance pay is determined by several factors, including the length of an employee’s service and the size of the company.

Prohibition of competition

The employee isn’t allowed to engage in any business related to the employer’s activities without the employer’s consent. If the employee violates this prohibition, the employer has the right to seek compensation for any resulting damages. This prohibition is valid when specified in a separate agreement between the employer and the employee.

Remote working policy

Employees and employers can agree to a remote work arrangement. This can be permanent, temporary, or occasional, provided that the nature of the job and safety regulations allow for it. An employee working on-site may propose changes to their employment contract to enable remote work for a specific period, such as during pregnancy, parental duties for children up to four years old, or caring for a family member.

Responsibilities within a remote work arrangement

If an employee proposes changes to their employment contract for remote work, the employer must respond and can only refuse the request with valid reasons communicated in writing. Within 3 months of starting remote work, either party can request to return to previous working conditions. They must agree on a timeline for this transition, which should not exceed 30 days from the date of the request.

Health and safety at home

It’s the employer’s responsibility to guarantee that employees working from home at least half of their daily hours on a computer adhere to occupational health and safety laws. This involves furnishing a workstation that meets ergonomic standards and covering the expenses for any required eyewear.

Intellectual property rights

According to Polish law, the creator of a work typically retains copyright. However, when an employee produces intellectual property within their job responsibilities and utilising their employer’s resources, ownership rights to the work commonly belong to the employer unless otherwise specified in an employment contract or collective agreement.

Employee data privacy

The primary legislation governing data protection in Poland is the Act on the Protection of Personal Data (APDP), which aligns with the European Union’s General Data Protection Regulation (GDPR).

In the employment context, employers routinely collect and process various types of personal data for legitimate purposes such as recruitment, payroll management, and performance evaluation. However, the processing of sensitive data, such as health information or biometric data, requires special protection and explicit consent from employees.

What are the advantages of hiring employees from Poland vs other countries?

Hiring employees from Poland offers several advantages compared to other countries. Firstly, Poland has a well-educated workforce with a strong emphasis on technical skills, making Polish employees highly capable and adaptable to various roles. 

Additionally, Poland boasts a relatively lower cost of living compared to some Western European countries, which can result in more competitive labour costs for employers. 

Furthermore, Poland’s geographic location in Central Europe provides strategic access to markets within the European Union, facilitating easier business operations and logistics. The country has also experienced significant economic growth in recent years, indicating a stable and increasingly prosperous environment for businesses.

Why use Native Teams for hiring in Poland?

Native Teams lets you employ team members ‘like a local’ meaning you get all the benefits of a global team, wherever you are based. Here are the reasons why you should use Native Teams for hiring:

• No paperwork: We will handle all the necessary paperwork for you.
• Save on taxes: We help you handle your taxes.
• No company set up: You can expand your business using our company entitles.
• Online onboarding: We’re here to ensure your onboarding process is trouble-free.
• No accounting: We will handle all of your accounting needs, including invoicing, payroll, and more.
• Increase your profit: We assist you in growing your business and maximizing your profits.
• Compliance expertise: we can assist your company in navigating the regulatory environments and ensure you meet all relevant requirements.
• Local support: We can assist you in understanding and complying with the relevant local laws.