Contract of employment
The employment relationship is established on the basis of the contract of employment.
The contract of employment is a bilateral legal act by which an employment relationship is established. The employment relationship is established on the date specified in the contract as the start date of work.
The contract of employment is supposed to specify:
- the contracting parties (the employee and the employer),
- the registered address of the employer (if a natural person, the residential address),
- the type of contract (for a trial, fixed-term or an indefinite period),
- the date of its conclusion, and
- terms and conditions of work and remuneration, in particular:
- the type of work (e.g. function, position, type of activity, scope of duties),
- place or places of work,
- remuneration corresponding to the type of work, with an indication of the remuneration components,
- working time (full-time or part-time),
- start date of work,
- in the case of a contract for a trial period:
- the duration of the contract or the termination date and, if the parties so agree, the provision for extending the contract by the period of leave and by the period of the employee’s other excused absence from work, if such absences occur,
- the duration of a fixed-term contract in the case of a contract for a trial period shorter than three months,
- a decision to extend the contract (up to one month), if justified by the type of work,
- in the case of a fixed-term contract of employment – its duration or the date of its completion.
In the case of a fixed-term or part-time contract of employment, the contract of employment must include additional information (such as the term of employment and working time).
The contract of employment must be concluded in writing. Where a contract of employment has not been concluded in writing, the employer confirms in writing to the employee, before admitting them to work, arrangements as regards:
- the contracting parties,
- the type of contract,
- its terms and conditions.
In connection with the establishment of an employment relationship, the employer is under an obligation to inform the employee about some of their rights and obligations. Such information, on paper or in electronic form, shall be provided to the employee no later than 7 days after the employee is admitted to work.
This information concerns:
- the employee’s standard daily and weekly working hours,
- the daily and weekly working hours applicable to the employee,
- the breaks to which the employee is entitled,
- the daily and weekly rest to which the employee is entitled,
- the rules on overtime and compensation for overtime,
- in the case of shift-work, the rules governing the change of shifts,
- in the case of several places of work, the rules on movement between work places,
- components of the employee’s remuneration and benefits in cash or in kind other than those agreed in the contract of employment,
- the amount of paid leave to which the employee is entitled, in particular annual leave or, if it is not possible to determine that amount on the date on which the employee is notified of this information, the rules for determining and granting leave,
- the applicable rules on termination of the employment relationship, including the formal requirements, the length of notice periods and the time limit for appealing to the labour court or, if it is not possible to determine the length of notice periods at the date of providing the employee with this information, the method of determining such notice periods,
- the employee’s right to training, if the employer provides it, in particular the general principles of the employer’s training policy,
- the collective agreement or other collective arrangement to which the employee is subject and, in the case of a collective agreement concluded outside the workplace by joint bodies or institutions, the name of such bodies or institutions,
- where the employer has not established workplace regulations, the date, place, time and frequency of remuneration for work, night time and the method adopted by the employer for employees to confirm their arrival and presence at work and justify their absence from work.
Certain written information must be provided to the employee within 30 days of the employee’s admission to work. This information concerns:
- the name of the social security institutions to which social security contributions relating to the employment relationship are paid,
- the social security protection provided by the employer.
This does not apply in the case where it is the employee who chooses the social security institution.
The information may also consist in indicating the relevant legal provisions on paper or in electronic form.
The employer must also inform the employee on paper or in electronic form:
- within 7 days, of changing the address of their registered office or residence, if it is a natural person without a registered office,
- without delay, but no later than the date on which the change applies to the employee, of:
- the amendment of the terms and conditions of employment,
- the employee being covered by a collective agreement or other collective arrangement.
Additional information for employees going abroad for more than 4 weeks
Prior to the employee’s departure for work or in order to carry out a work assignment outside the national borders for a period exceeding four consecutive weeks, the employer shall provide the employee with additional information, on paper or in electronic form. The employer may deliver the additional information to the employee in electronic form provided that it is accessible to the employee with the possibility of printing and storing it. The employer must retain evidence of the transmission of this information or receipt by the employee.
This information concerns:
- the country or countries where the work or task is to be carried out outside the national borders,
- the expected duration of the work or service assignment outside the national borders,
- the currency in which the remuneration will be paid to the employee during the performance of work or business task outside the national borders,
- benefits in cash or in kind relating to the performance of work or official tasks outside the national borders, where such benefits are provided for under labour regulations or under a contract of employment,
- ensuring or failing to ensure the return of the employee to the country,
- the conditions for the return of the employee to the country, if such return is guaranteed. The information may also consist in indicating the relevant legal provisions on paper or in electronic form.
The employer shall inform the employee, on paper or in electronic form, of the change to those terms and conditions of employment without delay, but no later than the date on which such amendment applies to the employee.
This does not apply where the change in the terms and conditions of employment results from a change in the provisions of employment law, if those provisions are indicated in the information provided to the employee.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465)