In Poland general labour conditions are regulated by the Labour Code and other legal acts for both public and private employers. Also certain specific conditions such as additional social benefits or bonuses are stipulated by internal regulations of employing organisations. Employers in Poland have the same rights and obligations towards hired foreigners as towards Polish citizens, and these are to:
- conclude a written contract with the employee
- the contract has to be prepared in a language understood by the employee, however, the legally binding version is the Polish one,
- provide the employee with training on labour protection regulations appropriate to the work position;
- provide free medical examination prior to start of the employment, in accordance with the work to be performed;
- register the employee in the social and health insurance system within 7 days from signing the contract;
- pay income tax and other mandatory insurance contributions of the employee to appropriate national institutions;
- apply the same working and remuneration rules to all employees throughout the period of employment.
The Polish labour system allows for a number of different types of work contracts to be concluded between an employer and a future employee, such as:
1. regular employment contract - regulated by the Labour Code; it specifies, among other things, the parties to the contract, start and end dates, the nature of the work or position and remuneration. The labour costs i.a. tax and social security including health insurance, are deducted from the income earnedso the net salary is usually around 70% of the gross salary. As a result, such a contract provides various employee benefits e.g. paid holidays or the right to various allowances in case of sickness, maternity or incapability to work. It also protects the employee against a sudden loss of job, specifying a notice period whose length depends on the seniority.
The regular employment contract can be concluded: for a probationary period (up to 3 months, to check the employee's qualifications) and for a definite or indefinite period. It can be full-time or part-time. The duration of a contract concluded for a fixed period cannot exceed 33 months and the total number of contracts cannot exceed 3. The fourth contract is automatically considered as a contract for an indefinite period.
2. civil law contract - governed by the Civil Code; they differ from the regular contract in that they specify a piece of work to be carried out within a certain period of time, often without specifying working hours and work conditions. The income from the civil law contracts may not cover sickness insurance contributions (resulting in paid days off or maternity allowance) so such contracts do not provide the same employee benefits and do not protect the employee in the way the regular contract does.
The most popular types of the civil law contracts are:
- free-for-task agreement (PL: umowa zlecenie), concluded for the performance of a specified activity,
- specific-task contract (PL: umowa o dzieło), concluded for the achievement of a specific result.
All types of the contracts should be concluded in writing. Please also remember that Intellectual Property Rights (IPR) are important to consider when signing a contract. Different rules apply to different types of contracts and rights.
According to the Law on Foreigners, a special work contract for the purpose of scientific research or development work should be signed withscientists employed at Polish higher education and research institutions approved for this purpose by the Ministry of Interior. This contract is specifically required at the stage of visa application to enter Poland (visa purpose of stay No. 13) and later when applying in Poland for the temporary residence permit for the same purpose. This means that the host institution should send the agreement to the researcher to be attached to the visa application. It may be concluded between the researcher and the institution in the form of a regular employment contract or any other civil law contract. Such a contract is automatically terminated if the entry to the territory of the Republic of Poland (visa) is denied or if a temporary residence permit is not granted in Poland.
If for some reason it is not possible to conclude such an agreement, another option for a researcher coming to work in an academic unit is a work visa (purpose of stay No. 06).
The researcher's work contract should contain the following information:
- the title or purpose of the research or development or its subject matter,
- a committment by the researcher to participate in the research or development,
- a committment of the employer to provide conditions necessary for the researcher to fulfil their duties,
- the start and end dates or the estimated duration of the research or development work,
- the researcher's salary and other work conditions,
- a written statement of the institution in which it undertakes to bear the costs related to the issuance and implementation of the decision to oblige the foreigner to return, in case of illegal stay in Poland.
In Poland, working time is regulated by the Labour Code and generally cannot exceed 8 hours a day, which gives an average of 40 hours in a five-day working week. Usually, work starts between 8.00-9.00 in the morning and ends at 4.00-5.00 in the afternoon, but this depends very much on the employer, the job and the institution. You are entitled to at least a 15-minute break during the 8-hour working day and a 5-minute break after every hour worked in front of a computer screen. Employees with disabilities are entitled to a 30-minute break (instead of 15 minutes). Many companies have additional rules, such as a longer lunch breaks.
Remote work | work from home
In Poland as of June 2023, provisions on remote work have been introduced into the Labour Code. An agreement with the employer on the performance of this type of work can be made at the stage of the employment contract conclusion or throughout the employment period. Work may be performed wholly or partially at any location proposed by the employee (including a residential address), following employer's consent. The costs of electricity and telecommunications services necessary for the performance of the remote work are covered by the employer. The following possibilities include:
- The employee has the right to perform occasional remote work for a maximum of 24 days per calendar year. This right applies regardless of working hours and type of contract.
- The employer may introduce additional remote working days, not necessarily to the same extent for all employees.
Holiday entitlement (paid days off):
- 20 days - for employees with less than 10 years' seniority,
- 26 days - for employees who have worked for more than 10 years,
Note: Completion of higher education (whether a 3-year bachelor's degree or a 5-year master's degree) is counted as 8 years of employment. In practice, university graduates gain 26-day holidays after only 2 years of employment record.
- 36 days - for scientific employees. Researchers employed at universities are obliged to take their days off during the academic lecture-free period (summer and winter holidays).
Public holidays (additional paid days-off):
- 1st January - New Year
- 6th January - Three Wise Men religious holiday (Epiphany)
- March/April - Easter Sunday and Monday
- 1st May - Labour Day
- 3rd May - Constitution Day
- May/June - Corpus Christi (first Thursday of the ninth week after Easter)
- 15th August - Feast of the Assumption
- 1st November - All Saints' Day
- 11th November - Independence Day
- 25-26th December - Christmas and Boxing Day
There are several ways to end an employment relationship. The most pleasant way is to do it with the agreement of both parties - the employer and the employee. Another way is to give a notice within a period of notice specified in the employment contract. Notice periods range from 3 days to 3 months - depending on the type of contract and seniority in a particular organisation:
- on probation period the notice amounts to 3 days, 1 or 2 weeks;
- on regular employment contracts the notice period is:
- 2 weeks - if you have worked for a specific employer for less than 6 months;
- 1 month - in case of employment of more than 6 months,
- 3 months in case of employment exceeding 3 years.
Civil law contracts can be terminated at any time (without notice), although the parties can agree on a notice period if they wish.