Labour Laws in Poland
Poland has a well-regulated labor market governed by the Labour Code (Kodeks Pracy), which outlines employees' rights, employer obligations, and working conditions. Understanding the labor laws in Poland is crucial for both employees and employers to ensure compliance and fair treatment in the workplace. This guide provides a detailed overview of employment regulations in Poland, including working hours, contracts, wages, and employee benefits.
Employment Contracts in Poland
1. Types of Employment Contracts
Polish labor law recognizes several types of employment contracts:
- Indefinite-term contract: This is the most stable form of employment and is preferred due to strong legal protections for employees.
- Fixed-term contract: Can be used for a specific period, but Polish law limits the number of times such contracts can be renewed.
- Probationary contract: Used for new employees to evaluate their suitability, typically lasting up to 3 months.
- Contract for a specific task (umowa o dzieło): Not considered an employment contract but rather a civil law agreement for completing a particular project.
- Contract of mandate (umowa zlecenie): A flexible work agreement without full employment benefits but commonly used for temporary or freelance work.
2. Mandatory Contract Elements
Every employment contract in Poland must include:
- Employee and employer details
- Job title and description
- Start date and contract duration (if applicable)
- Working hours and remuneration
- Notice period and termination conditions
Working Hours and Overtime Regulations
1. Standard Working Hours
- The normal working time in Poland is 8 hours per day and 40 hours per week, typically Monday to Friday.
- A workweek cannot exceed 48 hours when overtime is included.
- Employees must have at least 11 consecutive hours of rest per day and 35 hours of uninterrupted rest per week.
2. Overtime Rules
- Overtime work is allowed but must be justified by exceptional circumstances.
- Employees are entitled to extra pay for overtime:
- 50% extra pay for overtime on a regular working day.
- 100% extra pay for overtime on Sundays, public holidays, or night shifts.
- Employers may grant additional leave instead of overtime pay if agreed upon.
Minimum Wage and Employee Benefits
1. Minimum Wage
- The Polish government sets a minimum wage that is updated annually.
- As of 2024, the minimum wage is 4,242 PLN per month for full-time employees and 27.70 PLN per hour for hourly workers.
2. Bonuses and Allowances
- Employers may offer performance-based bonuses.
- Additional allowances, such as transport and meal allowances, depend on the company’s policies.
Leave and Social Benefits
1. Annual Leave
- Employees are entitled to 20 days of paid leave per year if they have worked less than 10 years.
- Employees with over 10 years of work experience receive 26 days of paid leave.
2. Maternity and Parental Leave
- Maternity leave: 20 weeks (paid by social security, ZUS), with an option for additional leave.
- Paternity leave: 2 weeks (paid leave for fathers, can be taken within the first 12 months after birth).
- Parental leave: Up to 32 weeks, which can be shared between parents.
3. Sick Leave
- Employees are entitled to 80% of their salary during sick leave, covered by the employer for the first 33 days, then by the Social Insurance Institution (ZUS).
4. Public Holidays
Poland has 13 national holidays, during which employees are entitled to a day off with full pay.
Termination and Notice Periods
1. Types of Termination
Employment contracts can be terminated by:
- Mutual agreement
- Resignation by the employee
- Dismissal by the employer (with or without notice)
- Expiry of a fixed-term contract
2. Notice Periods
The notice period depends on the length of service:
- 2 weeks for employees who worked less than 6 months.
- 1 month for employees with 6 months to 3 years of service.
- 3 months for employees with more than 3 years of service.
3. Severance Pay
- Employees dismissed due to company restructuring or redundancy are entitled to severance pay, which depends on their tenure:
- 1-month salary for less than 2 years of service.
- 2-month salary for 2-8 years of service.
- 3-month salary for over 8 years of service.
Workplace Safety and Employee Rights
1. Health and Safety Regulations
Employers are legally required to provide a safe working environment, including:
- Conducting regular risk assessments.
- Providing necessary safety training.
- Ensuring access to protective equipment.
2. Employee Rights
Employees in Poland are protected against:
- Unjustified dismissal
- Workplace discrimination
- Harassment and unfair treatment
Conclusion
Poland has a well-structured labor system that protects both employers and employees. Understanding employment contracts, wages, benefits, and termination rules helps ensure compliance with labor laws and promotes fair working conditions. Whether you are an employer or an employee, staying informed about your rights and responsibilities is essential to navigating the Polish job market successfully.
For further details or legal assistance, consult the Polish Labour Code or reach out to labor law professionals in Poland.
