Legal Rights of Foreign Workers in Poland
Poland is an attractive destination for foreign workers, offering a dynamic job market, a high quality of life, and growing opportunities across various industries. However, just like any other country, it’s crucial to understand your legal rights as a foreign worker to ensure your stay and employment are compliant with Polish laws.
In this blog post, we will explore the legal rights of foreign workers in Poland, from employment contracts to social security and workplace safety, to help you navigate your rights and responsibilities as an expat in the Polish labor market.
1. Work Permits and Employment Contracts
To legally work in Poland, foreign workers must have a valid work permit or residence permit. Here are the key points you should know:
- Work Permits: The most common work permits in Poland are type A (for employees of Polish companies), type B (for board members of Polish companies), and type C (for workers temporarily assigned by a foreign employer to a Polish branch). These work permits are generally required for non-EU nationals.
- Residence and Work Permit: For foreign nationals planning to stay in Poland for more than three months, a temporary residence and work permit is necessary. This allows foreigners to stay and work for an extended period while complying with immigration laws.
- Employment Contracts: Polish labor law mandates that every worker (foreign or local) be provided with a formal employment contract (umowa o pracę). This contract must be signed before the start of employment and should include key details like job position, salary, working hours, and other conditions of employment.
- Types of Employment Contracts:
- Fixed-term contract: Common for temporary positions or specific projects.
- Indefinite contract: This is the most stable form of employment, offering long-term security.
- Trial contract: Used to assess an employee’s suitability for the role.
2. Equal Treatment and Non-Discrimination
Poland’s labor law ensures that foreign workers are entitled to the same rights as Polish employees, including protection against discrimination in the workplace. The key points regarding discrimination and equal treatment include:
- Non-Discrimination: Employers in Poland cannot discriminate based on nationality, race, gender, religion, disability, or age. Foreign workers should receive the same rights to salary, benefits, promotions, and conditions of employment as Polish workers.
- Equal Pay: Foreign employees are entitled to the same pay as Polish employees in similar roles. This is important for ensuring wage parity and fairness across the workforce.
- Language Requirements: While Polish may be the primary language of communication, employers cannot require employees to speak Polish unless it is essential for the role (e.g., customer-facing positions). International companies often use English as their working language.
3. Salary, Working Hours, and Overtime
The labor laws in Poland govern aspects like salary, working hours, and overtime to protect workers' rights:
- Minimum Wage: As of 2025, the minimum gross monthly salary in Poland is 4,666 PLN, though this can vary depending on the region and industry. Your salary should at least meet this threshold if you're employed legally.
- Working Hours: The standard workweek in Poland is 40 hours, usually distributed over five days, with eight hours per day. However, specific industries may have different working hour arrangements.
- Overtime: If you work more than the standard hours, you're entitled to overtime pay. For overtime work, the following applies:
- 1.5 times your regular hourly rate for overtime during regular hours.
- 2 times your regular hourly rate for overtime on public holidays or at night.
4. Paid Leave Entitlements
Foreign workers in Poland enjoy several types of paid leave:
- Annual Paid Vacation: Polish law mandates a minimum of 20 days of paid annual leave for employees with less than 10 years of service, and 26 days for employees with over 10 years of service.
- Sick Leave: If you fall ill, you are entitled to sick leave benefits. You can receive 80% of your salary for up to 33 days in a year, and this can increase to 100% if you are hospitalized or suffer from certain illnesses.
- Maternity and Paternity Leave: Foreign workers are entitled to maternity leave for a period of 20 weeks, with the option to extend it in certain cases. Similarly, paternity leave is granted for up to 2 weeks.
5. Social Security and Health Insurance
One of the major benefits for foreign workers in Poland is the social security system. As an employee, you are automatically covered by the social security system, which includes health insurance, pensions, disability benefits, and unemployment benefits. Here's what you need to know:
- Social Security Contributions: Both you and your employer contribute to the social security system. Your contributions are automatically deducted from your salary each month.
- Health Insurance: Foreign workers are entitled to the same public health insurance as Polish citizens. This provides access to a wide range of medical services, including doctor’s visits, hospital care, and prescriptions. Alternatively, you can opt for private health insurance, but this is typically in addition to the public system.
- Pension and Retirement: The social security system also covers pensions, meaning that you will be contributing toward your retirement. Once you meet the required conditions, you’ll be eligible for pension benefits in your old age.
6. Employee Rights in Case of Termination
Foreign workers in Poland have certain protections when it comes to dismissal or termination of employment:
- Notice Period: If your contract is terminated by the employer, the notice period depends on your length of service. The notice periods are as follows:
- Less than 6 months of employment: 2 weeks’ notice.
- Between 6 months and 3 years: 1 month’s notice.
- More than 3 years: 3 months’ notice.
- Termination for Cause: If you are terminated for disciplinary reasons (e.g., misconduct), the employer does not need to provide a notice period, but must follow due process, ensuring the worker has an opportunity to defend themselves.
- Unemployment Benefits: If you lose your job and meet certain criteria (e.g., you’ve been employed for at least 12 months), you may be eligible for unemployment benefits.
7. Work Safety and Health Standards
The safety and health of employees are paramount in Poland. Employers are obligated to provide a safe working environment, and foreign workers have the same protection as Polish workers:
- Workplace Safety: Employers must ensure that workplaces meet safety standards, including proper equipment and training for employees.
- Occupational Health: Employers must conduct regular health assessments and provide proper working conditions to avoid risks such as exposure to hazardous materials or unsafe machinery.
8. Dispute Resolution and Legal Protections
If you face any issues regarding your employment, such as unfair treatment, unpaid wages, or termination without notice, Polish labor law provides several legal protections:
- Labor Court: If there is a dispute with your employer, you can bring the matter to the Labor Court. Foreign workers are entitled to file complaints or legal action regarding workplace issues without fear of retaliation.
- Trade Unions: Polish trade unions protect workers' rights, and foreign employees have the right to join or form unions.
Conclusion
Poland offers a welcoming environment for foreign workers, with legal protections in place to ensure that they are treated fairly and equitably. From obtaining work permits to understanding salary, social security, and workplace rights, foreign workers in Poland are entitled to the same rights and benefits as their Polish counterparts. Understanding these rights is crucial for making the most of your working experience in Poland and ensuring a positive and legally-compliant employment journey.
If you are planning to work in Poland, it’s important to familiarize yourself with these regulations, and don't hesitate to seek legal advice if needed. Poland’s labor market is continually evolving, so staying informed is the key to a successful career in this dynamic country.
