The employment relationship is established on the basis of the contract of employment.

The contract of employment is supposed to specify:

• the contracting parties (the employee and the employer),

• the type of contract (for a trial period, fixed-term, for 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),

• the place 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 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.

Due to the establishment of an employment relationship, the employer is obliged to inform the employee about some of their rights and obligations. Such information should be provided to the employee in writing within 7 days. This information concerns:

• the employee’s standard daily and weekly working hours,

• the frequency of payment of remuneration,

• the length of annual leave to which the employee is entitled,

• the notice period for the termination of employment applicable to the employee,

• the collective bargaining agreement the employee is covered by.

Where the employer is not required to determine the workplace regulations, it additionally includes information on:

• night time,

• the place, date and time of remuneration payment,

• the method used to confirm the employees’ arrival and attendance at work and to justify absence from work.

The employer may provide the information by indicating relevant provisions of the labour law.

The employer is also obliged to notify the employee in writing of:

• the change of his employment conditions,

• on the employment becoming governed by a collective labour agreement,

• on changes to the collective labour agreement governing the employment.

The notification should be immediate, and no later than within 1 month after the date when such changes come into force. 

 

 Types of contracts of employment

The Labour Code distinguishes between the following basic types of contracts of employment:

• contract for a trial period,

• fixed-term contract (including contract for substitution of an absent employee),

• contract for an indefinite period (permanent contract).

 

Contract for a trial period

A contract for a trial period may precede the conclusion of other contracts of employment. In principle, it may only be concluded once. It aims to verify the qualifications of the employee and their ability to carry out a specific job. It may not exceed 3 months.

However, in specific cases, it is possible to re-employ the same employee for a trial period:

• if the employee is to be employed for another type of work;

• after a period of at least 3 years that lapsed from the date of termination or expiry of the previous contract of employment if the employee is to be employed for the same type of work (in this case, it is permissible to conclude the contract for a trial period once again).

Fixed-term contract

It is a contract that includes the final date of the employment relationship. Such a contract is terminated upon the lapse of the period for which it was concluded.

The period of employment on the basis of a fixed-term contract is limited to 33 months. That period of employment also applies to the duration of several fixed-term contracts concluded between the same employee and the same employer.

The number of contracts entered into by an employee with the same employer is also restricted. It may not be more than three and the fourth contract becomes a contract for an indefinite term.

Exceptions are provided for in the case of:

• substitution contracts,

• contracts for a term of office,

• in the context of seasonal and occasional work; and

• if there are objective reasons on the part of the employer,

if conclusion of a fixed-term contract in a given case is a response to a genuine periodical need and is necessary in that regard in the light of all the circumstances of the conclusion of the contract;

• extension of the contract (which would be terminated after the end of the third month of pregnancy) until the date of childbirth.

The extension of a fixed-term contract of employment during its term is regarded as conclusion of a new fixed-term contract.

If the period of employment on the basis of a fixed-term contract of employment is more than 33 months or the number of contracts exceeds 3, the employee is presumed to be employed for an indefinite term from the day after 33 months or from the date of conclusion of the fourth fixed-term contract.

Contract for an indefinite period (permanent contract)

It is a contract without a time limit because it does not include the final date of the employment relationship. It lasts until one of the parties terminates it or the employment relationship expires.

 

Change in the employment relationship

It involves changing the established working conditions (e.g. remuneration, type of work, workplace).

It may take place on the basis of an amending agreement or amending termination notice.

An amending agreement is a contract between the employee and the employer.

The working conditions may be changed on its basis to new working conditions, agreed between the parties. It is the employee and the employer that negotiate and agree on the new working conditions. They also determine the date from which they are to apply. These new conditions may be more or less favourable than those contained in the amended contract.

An amending termination notice is a unilateral act of the employer.

The working conditions are changed on its basis after the end of the notice period. It is typically applied if there is a change in the terms and conditions of employment to the detriment of the employee.

The provisions on definitive termination notice apply to the amending termination notice. This means that such a termination notice:

• should be served by the employer in writing,

• should indicate the reason for termination (where it concerns a contract for an indefinite term);

• should observe notice periods and dates,

• should contain a letter of rights regarding recourse to the labour court,

• involves the employer’s obligation to comply with the provision on protection against dismissal.

The amending termination notice should also include:

• the proposed new working conditions; and

• information about the possibility for the employee to submit a statement refusing to accept the proposed conditions before the lapse of a half of the notice period.

If the employee refuses to accept the proposed conditions of work or remuneration, the contract of employment is terminated at the end of the notice period. This means that if the employee has not accepted the new proposed conditions, the amending termination notice is converted into termination notice ending the employment relationship (definitively) at the end of the notice period.

If the employee fails to submit a statement that they refuse to accept the proposed conditions before the lapse of a half of the notice period, they are deemed to have consented to those conditions. The employee may also agree to the new conditions during that time. In both cases, the conditions of work and remuneration will be amended after the end of the notice period.

In certain circumstances, the employer may instruct the employee to carry out other work without their consent.

This is possible under the following conditions:

• the existence of justified needs of the employer,

• entrustment of work of other type than that specified in the contract of employment for a period of time not exceeding 3 months per calendar year,

• no reduction in the employee’s remuneration,

• adequacy of the employee’s qualifications.

 

NAME OF THE ENTITY RESPONSIBLE FOR THE CONTENT OF THE INFORMATION

Ministry of Economic Development, Labour and Technology

Department of Labour Low

email: sekretariat.dpr@mrips.gov.pl