How do probation periods work in Polish employment contracts?

If you're starting a new job in Poland or managing employees under Polish labor law, it's important to understand how probation periods (okres próbny) function in employment contracts. These trial periods are common in Poland and are governed by specific rules under the Polish Labour Code (Kodeks pracy).

In this article, we’ll break down what probation periods are, how long they can last, and what both employees and employers should know.

What Is a Probation Period?

A probation period is a fixed-term employment contract that allows both the employer and the employee to test the working relationship before entering into a longer-term commitment. It gives the employer a chance to evaluate the employee's performance, and the employee a chance to assess the job and workplace.

Key Features of the Probation Period in Poland

1. Legal Basis

Probation periods in Poland are regulated by the Labour Code (Article 25 §2). They are treated as a specific type of employment contract – a contract for a trial period ("umowa o pracę na okres próbny").

2. Maximum Duration

The maximum length of a probation period is:

• 3 months (90 days) – This is the legal limit for a probationary contract in Poland.

This period cannot be extended, but it can be shorter if agreed upon by both parties.

3. One-Time Use Per Position

An employer may only use a probation period once for the same type of job or position. If an employee is rehired for the same role, a new probation period is not permitted. However, a probationary contract can be signed again if:

• The employee is hired for a different role, or
• A significant time has passed since the previous employment (typically several years).

4. Termination During the Probation Period

Both the employee and employer can terminate the probation contract with shorter notice periods than in standard contracts:

Notice Periods During Probation:

• 3 working days – if employed for less than 2 weeks
• 1 week – if employed for at least 2 weeks
• 2 weeks – if employed for at least 3 months (the full probation period)

No justification is required to end the contract during probation, but termination must be in writing.

 

5. What Happens After the Probation Period?

If both sides are satisfied, the employer may offer:

• A fixed-term contract (umowa o pracę na czas określony)
• Or a permanent contract (umowa o pracę na czas nieokreślony)

This must be a new contract; the probation contract doesn’t automatically convert into a permanent one.

 

Benefits of a Probation Period

For employers:

• Opportunity to assess employee skills and work ethic
• Lower risk in hiring decisions
• Flexibility in ending the relationship early

For employees:

• Time to evaluate if the job and company are a good fit
• Easier exit if the role isn’t suitable
• A potential gateway to long-term employment

Common Mistakes to Avoid

• Exceeding the 3-month limit – this is not allowed under Polish law
• Failing to provide written notice of termination
• Using probation repeatedly for the same role – which can be considered abuse and lead to legal challenges
• Assuming automatic extension or conversion into a permanent contract – this is not automatic and must be formalized in writing

Final Thoughts

Probation periods in Poland offer a practical way for both employers and employees to ensure a good working relationship before making a longer-term commitment. However, the terms must strictly follow the Polish Labour Code, especially regarding duration, notice periods, and contract structure.

Whether you’re an employer drafting a probationary agreement or an employee about to start a trial period, understanding your rights and obligations will help avoid misunderstandings and set the stage for a productive working relationship.