What’s the average probation period in Polish employment contracts?

When starting a new job in Poland, one of the important terms in your employment contract is the probation period. This period serves as a trial phase where both the employer and the employee evaluate if the working relationship is a good fit before committing to a longer-term arrangement. Understanding how the probation period works in Poland can help you navigate your employment rights and expectations more effectively.

What is the Probation Period?

The probation period (okres próbny) is a fixed timeframe at the beginning of an employment contract during which either party can terminate the agreement with shorter notice and fewer formalities than after the probation ends. It allows employers to assess the employee’s skills, work habits, and overall suitability for the role.

Average Length of the Probation Period in Poland

In Poland, the probation period is typically set by law and common practice as follows:

• Maximum duration: 3 months (90 calendar days)
• Standard duration: Most employment contracts specify a probation period of 1 to 3 months
• Exceptions: In certain cases, shorter probation periods of 1 month or even a two-week trial can be agreed upon, but they cannot exceed 3 months in total.

Legal Framework Governing Probation Periods

The Polish Labour Code regulates probation periods. It states that an employment contract for an indefinite period may start with a probation period contract, which cannot be longer than 3 months. The probation contract can only be concluded once with the same employer for a given job position. This prevents repeated use of probation contracts to avoid granting full employment rights.

Notice Period During Probation

Notice periods during probation are shorter compared to regular employment contracts. The Labour Code provides:

• If the probation period is less than 2 weeks, the notice period is 3 calendar days
• If the probation period is between 2 weeks and 3 months, the notice period is 1 week

This means either the employer or the employee can terminate the contract quickly if things don’t work out, without the formalities required for regular employment termination.

Benefits and Limitations During Probation

Employees working under a probation contract generally have the same rights and benefits as regular employees, including remuneration, working hours, and occupational safety. However, some benefits or privileges, such as severance pay or protection against dismissal, may only apply after the probation period is successfully completed.

Probation Period for Fixed-Term Contracts

Probation periods also apply to fixed-term employment contracts but cannot exceed one-third of the contract length if the contract is shorter than 3 months. For fixed-term contracts longer than 3 months, the same 3-month maximum probation applies.

Practical Tips for Employees

• Clarify the probation period length before signing your contract to understand your trial terms.
• Understand your notice period in case you decide to leave during probation.
• Maintain open communication with your employer during probation to address concerns and demonstrate your suitability.
• Know your rights: Even during probation, you are entitled to fair treatment and proper working conditions.

Conclusion

The probation period in Poland is a standard part of most employment contracts and generally lasts up to three months. It serves as an important mutual evaluation phase, with shorter notice periods allowing flexibility for both parties. Understanding the rules and expectations around probation will help you manage your career more confidently and ensure a smooth transition into permanent employment.