How do probation periods and contracts work in Poland?

Poland has a well-regulated labor system governed primarily by the Polish Labour Code (Kodeks pracy). Whether you're a foreigner seeking employment in Poland or a company looking to hire locally, understanding how probation periods and employment contracts work is essential for legal compliance and workforce planning.

1. Types of Employment Contracts in Poland

There are three main types of employment contracts under Polish law:

a) Contract for a Probationary Period (Umowa na okres próbny)

This is a short-term contract used to assess whether the employee is suitable for the position.

• Maximum duration: 3 months
• Non-renewable for the same position
• May precede a fixed-term or indefinite contract
• Must be in writing and specify the job role, place of work, salary, and working hours

b) Fixed-Term Contract (Umowa na czas określony)

This is a time-limited employment contract.

• Maximum number of renewals: 3
• Maximum total duration: 33 months
• After this, the contract automatically becomes an open-ended contract
• The employer is not required to justify termination (but must provide notice)

c) Open-Ended (Permanent) Contract (Umowa na czas nieokreślony)

This contract is considered the most stable form of employment.

• No end date
• Termination requires a justification and may be challenged in labor court
• Strong legal protections for employees

2. The Probationary Period (Okres próbny)

The probationary period allows both the employee and employer to assess compatibility without a long-term commitment.

Key features:

• Duration: Up to 3 months maximum
• Purpose: Evaluate skills, performance, and suitability
• Termination: Can be terminated by either party with a shorter notice period

Termination Notice During Probation:

Length of Employment	Notice Period
Less than 2 weeks	3 working days
At least 2 weeks	1 week
Full 3 months	2 weeks

Note: The exact notice period should be stated in the contract.

Rehiring with Another Probationary Period:

A new probationary contract is allowed only if:

• The employee will perform a different job role, or
• At least 3 years have passed since the previous employment relationship ended

3. What Must Be Included in a Polish Employment Contract?

Every employment contract in Poland must be made in writing and contain at least:

• Type of contract
• Start date
• Job title and description
• Work location
• Salary (gross monthly or hourly rate)
• Working hours
• Duration (if fixed-term or probation)
• Termination terms and notice period

The contract must be signed before the employee starts work.

4. Termination of Employment Contracts

a) Probationary Contract Termination

• Can be terminated at any time with proper notice
• No requirement to provide a reason

b) Fixed-Term Contract Termination

• Possible with notice, if this clause is included in the contract
• No obligation for justification
• Standard notice periods apply

c) Open-Ended Contract Termination

• Requires justification (e.g. underperformance, downsizing)
• Employee has the right to appeal to the labor court
• Notice periods depend on seniority

Standard Notice Periods (After Probation):

Length of Service	Notice Period
Less than 6 months	2 weeks
6 months – 3 years	1 month
Over 3 years	3 months

5. Conversion of Contracts

If an employer signs more than three consecutive fixed-term contracts or exceeds 33 months of continuous employment, the contract is automatically converted into a permanent one.

6. Other Considerations

Working Hours:

• Standard: 8 hours/day, 40 hours/week
• Overtime: Up to 150 hours per year (unless agreed otherwise)

Social Security:

• Employees are covered by the ZUS system (retirement, health, sickness, accident insurance)
• Contributions are made by both employee and employer

Language:

• Contracts should be in Polish for legal purposes
• Dual-language versions (e.g. Polish-English) are commonly used for international hires

7. Probation Periods for Foreign Workers

Foreign employees are subject to the same labor laws, including probationary periods and contract rules. However, they may require additional documentation such as:

• Work permit or declaration of employment
• Residence permit or visa
• Registered PESEL number

Employers must ensure all legal requirements are fulfilled before employment begins.

Conclusion

Probation periods and employment contracts in Poland are clearly regulated to balance the interests of both employers and employees. Whether you're signing a probationary agreement or transitioning to a permanent role, it's important to understand your rights and obligations. Always ensure your contract is compliant with the Polish Labour Code and seek legal advice when in doubt.

If you're an employer, properly structured contracts and fair probation terms help build trust and long-term engagement. For employees, understanding your contract protects your job security and ensures fair treatment in the workplace.