The employer, on the other hand, employs the employee in exchange for remuneration. It is not possible to work free of charge on the basis of an employment relationship.

Employment that fulfils these conditions is employment on the basis of an employment relationship. The name of the contract concluded is irrelevant. In such a situation, it is not possible to replace the contract of employment with a civil law contract.

An employment relationship may be established on the basis of:

• a contract of employment,

• appointment,

• election,

• designation,

• a cooperative employment contract.

 

Parties to the employment relationship

Employer

An employer may be:

• a legal person (e.g. a company, an association),

• another organisational unit (which is not a legal person, such as a branch or an agency of a company, an establishment of multiple-establishment enterprise),

• a natural person (e.g. owning a service facility or workshop).

Actions in the field of labour law (e.g. the conclusion of a contract of employment, termination of the contract) are carried out for an employer which is an organisational unit by:

• the person or body managing that entity (the management board, director, manager),

• another designated and authorised person (e.g. manager of the HR department).

An employer who is a natural person may perform these actions themselves or via another authorised person.

Employee

An employee may be a natural person who has reached the age of 18.

An employee may also be an adolescent who has reached the age of 15. They are employed on the basis of a contract of employment:

• for the purpose of apprenticeship; or

• in the performance of light work.

In principle, it is forbidden to employ a person who has not reached the age of 15.

 

Establishment of an employment relationship

Establishment of an employment relationship requires a concerted declaration of intent by the employee and employer, irrespective of the basis of employment.

Before commencement of employment, the employer has the right to collect certain information and request that certain documents be submitted to it.

The employer has the right to require the applicant seeking employment to provide personal data, including:

• name (names) and surname;

• date of birth;

• contact details indicated by that person;

• education;

• professional qualifications;

• previous employment.

Personal data relating to education, professional qualifications and previous employment are requested by the employer where this is necessary for the performance of work of a particular type or on a specific position.

In addition, the employer has the right to require that the employee provide:

• their address of residence;

• Personal ID No (PESEL), and if they have no PESEL – the type and number of the identity document;

• any other personal data of the employee, as well as the names, surnames and dates of birth of the employee’s children, where such data are necessary due to the employee’s exercise of special rights provided for by the labour law;

• education and previous employment, if there was no basis for requiring the applicant seeking employment to provide these details;

• the payment account number if the employee has not applied for the remuneration to be paid to them personally.

The employer requests the provision of other personal data where this is necessary for the exercise of a right or fulfilment of an obligation under the law.

Personal data are made available to the employer in the form of a statement by the data subject. The employer has the right to request that the presented personal data be documented.

 

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

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

Employment relationships with employees employed in the workplace or part of it at the time of transfer continue on the same terms. There is only a change of employer. In such a situation, employment contracts are not terminated. Therefore, there is no obligation to issue an employment certificate.

Within two months from the transfer of the workplace or its part to another employer, the employee may terminate the employment relationship without notice with seven days' advance notification. For the employee the effects of the termination in this manner are similar to the termination of the employment relationship by the employer with notice.

The transfer of the workplace or its part to another employer may not constitute a reason justifying the termination of the employment relationship by notice by the employer.

 

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

The parties to the employment relationship may decide on teleworking by concluding a teleworking employment contract or by changing the existing employment relationship between the parties – by adding elements of teleworking to the existing contract of employment.

 

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

 

The employment relationship ceases as a result of:

• termination of the employment relationship on the basis of declarations of intent (legal actions),

• expiry of the employment relationship due to specific legal events.

Termination of the employment relationship 

Agreement of the parties

An agreement of the parties is an agreement which terminates the existing employment relationship. Any contract of employment may be terminated on this basis. It may be terminated at any time determined by the parties. In this case, the restrictions imposed on the employer upon termination of the contract of employment (e.g. concerning periods of protection against dismissal) are not applicable.

Termination of the contract of employment by notice – “Notice period”, “Protection against termination of the contract of employment”, “Consultation of the contract termination with the workplace trade union organisation”, “Validity of termination of the contract of employment”, “Special protection against dismissal”, “Unlawful termination of the contract of employment”

Notice of termination of the contract of employment constitutes a declaration of intent of one of the parties to the employment relationship, aimed at terminating the employment relationship at the end of the period referred to as the notice period.

The notice, i.e. declaration of intent to terminate the contract of employment (both by the employee and the employer) should be submitted in writing.

A letter from the employer terminating a contract for an indefinite period must include:

• the reason for the termination,

• letter of rights of the employee to appeal against the termination before the labour court.

Notice period

The notice period is the time that elapses between the submission of the declaration of intent and the date on which the employment relationship is terminated.

The length of the notice period for a contract concluded for a trial period is determined by the length of the trial period. It amounts to:

• 3 working days if the trial period does not exceed 2 weeks;

• 1 week if the trial period is longer than 2 weeks;

• 2 weeks if the trial period is 3 months.

The length of the notice period for contracts for an indefinite period and fixed-term contracts depends on the period of employment by the employer concerned.

The notice period amounts to:

• 2 weeks if the employee has been employed for less than 6 months,

• 1 month if the employee has been employed for at least 6 months,

• 3 months if the employee has been employed for at least 3 years.

Notice periods counted in months end on the last day of the month.

The notice period counted in weeks ends on a Saturday and must cover a full week or two weeks.

Notice periods of fixed-term contracts or contracts for an indefinite term may be shortened.

Unilateral reduction of the notice period by the employer may occur if the contract of employment (fixed-term and for an indefinite term) is terminated because of:

• bankruptcy; or

• the winding-up of the employer; or

• for reasons unrelated to the employee.

The notice period may be reduced to 1 month at most. Due to the reduction of the notice period, the employee is entitled to compensation for the remainder of that period.

The reduction of the notice period may also take place by mutual agreement of the parties after the termination has been effected. However, this does not change the way in which the contract of employment is terminated. This still constitutes termination by the employer. In such a case, the employer is not obliged to pay compensation.

Protection against termination of the contract of employment

Universal protection against dismissal applies to contracts of employment for an indefinite period. It entails:

• consultation of the contract termination with the workplace trade union organisation,

• validity of termination of the contract of employment.

Consultation of the contract termination with the workplace trade union organisation

Prior to submitting a declaration of intent to terminate the contract of employment for an indefinite period, the employer should notify the trade union organisation representing the employee of this fact in writing. At the same time, it should provide reasons for the termination of the employment relationship.

This applies to an employee:

• belonging to a trade union; or

• where the trade union has provided them with such protection at their request.

The trade union may, in such circumstances, submit a substantiated objection in writing within 5 days of receipt of the notification.

This objection is not binding on the employer. It only presents the position of the trade union that the employer is supposed to consider when deciding on the termination.

Validity of termination of the contract of employment

There is no catalogue of valid reasons for termination . Validity of termination is a general clause, i.e. general, imprecise wording that allows for decisions to be adapted to the circumstances.

In the light of the case law of the courts, the cause should be of specific, genuine and substantial nature. It may not be too general, e.g. stating that an employee has failed to perform their duties.

A genuine cause is that which is reflected in reality and thus the employer is capable of indicating the facts on the basis of which it has determined the cause. A substantial cause is that which, by its very nature, ought to result in termination of the contract of employment – may not be trivial (for example, being several minutes late is not generally a substantial cause, but e.g. loss of trust towards an accountant who has breached tax or accounting regulations is such a cause).

It is accepted that improper performance of duties constitutes grounds for termination regardless of whether the employee is culpable. However, as a general rule, a one-off minor breach of those duties does not justify termination.

Special protection against dismissal

It applies to certain groups of employees due to the personal circumstances of the employee or their functions.

Special protection against dismissal may consist in:

• the obligation to obtain the consent of the competent authority to terminate the contract of employment (e.g. some trade unionists, social labour inspector, councillor),

• the prohibition to give notice of termination of the contract of employment during certain periods or for certain employees (e.g. during the period of annual leave, unpaid leave, during the period of 4 years before reaching the retirement age if the employee becomes entitled to a pension upon reaching that age, during a period of justified absence due to sickness),

• the prohibition to give notice of termination or to terminate the contract of employment (e.g. in the case of pregnant women, employees during maternity or parental leave).

 

Unlawful termination of the contract of employment

Unlawful termination of the contract of employment occurs if the termination is not justified.

It may also consist in infringement of the provisions governing the termination of contracts of employment, such as:

• failure to provide the cause for the termination,

• failure to consult the intention to terminate with the trade union organisation,

• breach of special protection against the dismissal of certain groups of employees, in particular the prohibition on terminating a contract or the obligation to obtain the consent of the competent authority,

• application of a shorter notice period than is required,

• failure to observe the prescribed form,

• failure to inform the employee of the means of redress available to them against termination.

In the event of unlawful termination of a contract of employment, the employee may appeal to the labour court and request:

• that the termination be deemed ineffective,

• reinstatement of the employee to work on previous conditions; or

• compensation.

A decision on deeming the termination ineffective may be issued before the end of the notice period. Such a decision prevents further run of the notice period, which thus does not lead to termination of the contract of employment.

A decision to reinstate the employee to work on the previous conditions is made if the notice period has expired and the employment relationship has been terminated. The court may only reinstate the employee to work and therefore rule on their re-employment on the previous conditions. When reinstating the employee to work, the court also decides on the remuneration for the period of remaining without work of no more than 3 months and no less than a month.

The remuneration is payable for the entire period of remaining without work in the case of:

• employees during the period of 4 years before the retirement age,

• pregnant employees,

• employees on maternity, parental or paternity leave,

• when the termination of the contract of employment is restricted by a special provision (e.g. for a trade union activist, social labour inspector).

A decision on compensation entails financial compensation. The compensation amounts to:

• in the case of contracts for an indefinite period – remuneration for the notice period,

• in the case of fixed-term contracts – remuneration until the end of the period for which the contract was supposed to apply, no more than the notice period.

In the event of applying a shorter notice period, the contract of employment is terminated at the end of the correct notice period.

Termination of the contract of employment without notice

It is referred to as termination with immediate effect, taking place as soon as such a declaration is made.

Such termination should be made in writing. The letter should indicate the cause for the termination. The employer should also include in it a letter of rights regarding appealing against such a termination to the labour court.

Termination of a contract of employment without notice is possible only in the circumstances referred to in the provisions of the labour law.

• Reasons attributable to the employee – “Termination of a contract without notice through the fault of the employee”, “Termination of a contract without notice without the employee’s fault”

The contract may be terminated without notice through the fault of the employee or without the employee’s fault.

Termination of a contract without notice through the fault of the employee:

a serious breach of basic duties by the employee. It occurs when:

• the employee has violated at least one of the basic employee obligations (such as leaving the workplace without a justification, coming to work while inebriated); and

• the employee has committed such an infringement due to intentional guilt or gross negligence.

It is for the employer to assess whether such an infringement has occurred.

• the employee committed an offence during the term of the contract of employment, which prevents their continuous employment on the occupied position. The condition is that the offence be obvious or established by a valid judgment of the court,

• the employee has lost the licences necessary to carry out his job for the reasons attributable to the employee.

Termination of a contract of employment for these reasons may take place before the end of 1 month after the employer has become aware of the circumstances that justify termination of the contract.

Termination of a contract without notice without the employee’s fault:

• incapacity of the employee for work - as a result of an illness - lasting:

• • more than 3 months – if the employee has been employed by the employer for less than 6 months,

  • more than the total period of collecting remuneration and allowance in case of illness (182 days) and collection of rehabilitation benefit for the first 3 months – if the employee has been employed by the employer for at least 6 months or if the incapacity for work was caused by an accident at work or occupational disease,

• justified absence of the employee from work for the reasons other than those mentioned above, which lasts for more than 1 month,

• the employee’s absence from work due to caring for a child for longer than the period of allowance collection,

• isolation of the employee due to an infectious disease which lasts longer than the period of remuneration and allowance collection.

Termination of a contract of employment without notice is the employer’s right if the conditions laid down in the legislation apply. The employer may, however, not avail itself of that right.

However, termination of a contract of employment without notice may not take place after the employee appears at work due to cessation of the reason for the absence.

• Reasons attributable to the employer:

• a serious breach of the employer’s basic obligations (e.g. the obligation to pay the employee the full amount of remuneration on a timely basis, to provide the employees with safe and hygienic working conditions),

• once a medical certificate is issued stating the work’s harmful effects on the health of the employee and the employer does not transfer them to another job, appropriate to their health condition and professional qualifications, within the time limit specified in the medical certificate.

 

Infringement of the provisions governing termination of the contract of employment without notice:

Such an infringement may occur if:

• the reason for termination has not been given,

• there were no trade union consultations,

• the time limit of 1 month for termination of the contract without notice through the fault of the employee has been exceeded,

• the written form has not been observed;

• there were no grounds for immediate termination of the contract.

In the event of unlawful termination of a contract of employment without notice, the employee may apply to the court:

• for reinstatement to work on previous conditions,

• for compensation.

In the case of fixed-term contracts of employment, the employee is entitled to compensation only if:

• the period for which the contract was supposed to apply has expired; or

• reinstatement to work is not advisable because of the short period of time left until the expiry of that period.

An employee who has taken up employment as a result of reinstatement is entitled to remuneration for the period during which they remained without employment, but no more than 3 months and no less than 1 month.

The remuneration is payable for the entire period of remaining without employment in the case of:

• employees during the 4-year period before the retirement age,

• pregnant employees,

• employees on maternity, parental and paternity leave,

• when the termination of the contract of employment is restricted by a special provision (e.g. for a trade union activist, social labour inspector).

The compensation is financial. The compensation is payable in the amount of remuneration for a period of between 2 weeks and 3 months. Its amount is the amount of remuneration for the notice period.

In the event of termination of a fixed-term contract of employment, compensation is payable in the amount of remuneration for the intended term of the contract, but no more than for the notice period.

In the event of termination of the contract of employment with immediate effect by an employee on account of a serious breach of the basic obligations by the employer, the employee is only entitled to compensation. Compensation is payable in the amount of remuneration for the notice period. In the case of fixed-term contracts – in the amount of remuneration for the term for which the contract was supposed to apply but no more than for the notice period.

However, if the employee terminates the contract in an unjustified manner, the employer is entitled to compensation in the amount of remuneration for the notice period, and in the case of fixed-term contracts, for the term for which the contract was supposed to apply, but no more than for the notice period.

Termination with advance notification

This method of termination of employment is used:

• in the event of transfer of the workplace or its part to another employer. An employee may terminate an employment contract with 7 days' advance notification if he has been notified of the transfer of the workplace to another employer. Such a declaration of intent may be submitted within 2 months from the notification of the transfer of the workplace,

• in the case of an employee reinstated to work, who took up employment with another employer. Then the employee may terminate the existing employment contract with another employer with 3 days' advance notification.

Termination of a contract of employment for the reasons unrelated to the employee

This particular method of terminating the contract of employment is governed by the act on specific rules for the termination of employment relations with employees for the reasons unrelated to the employees.

It applies where the grounds for termination do not relate to the employee, including where they are independent of the employer. They may include bankruptcy or liquidation of the employer, economic, organisational or employment reduction reasons.

This act applies to employers with at least 20 employees. If fewer than 20 employees are employed, the employer may dismiss employees on general terms.

This act governs both collective and individual redundancies.

Collective redundancy is redundancy which covers, within a period of 30 days:

• 10 employees, where the employer employs fewer than 100 employees,

• 10% of employees, where the employer has at least 100 employees, but fewer than 300,

• 30 employees, where the employer has at least 300 employees.

Individual redundancy is redundancy which is not collective redundancy (i.e. it does not cover enough employees to count as collective redundancy).

In principle, collective redundancies include the termination of contracts of employment. However, they also include agreements of the parties if at least 5 employees are covered by the redundancy in such manner.

The act contains numerous restrictions on collective redundancies. For example, pre-retirement age employees, pregnant employees, employees on maternity leave may only be subject to termination of terms and conditions of work and remuneration while they retain the right to compensatory allowance.

If the collective redundancies are a consequence of liquidation or bankruptcy, special protection against dismissal is cancelled.

An employee who is covered by collective and individual redundancy is entitled to a severance payment. The amount of that severance payment depends on the length of service of the employer concerned and amounts to:

• one-month remuneration if the employee has been employed by the employer for less than 2 years;

• two-month remuneration if the employee has been employed by the employer for between 2 and 8 years;

• three-month remuneration if the employee has been employed by the employer for more than 8 years.

The amount of the severance payment may not exceed 15 times the minimum wage applicable on the date on which the employment relationship is terminated.

 

Expiration of the employment relationship

The employment relationship will automatically expire by law in connection with an incident that is strictly defined in legal provisions.

Incidents causing expiration of an employment relationship include, inter alia:

• death of the employee,

• death of the employer,

• the end of the 3-month absence of the employee kept in custody.

There are modifications to the expiration of the employment relationship where natural persons run a business on their own behalf and employ employees (i.e. entrepreneurs who are employers).

 

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

 

These include the following:

• hiring of the employee (admitting the employee to work in a suitable job),

• payment of remuneration on a timely and correct basis,

• respect for the dignity and other personal rights of the employee,

• equal treatment of employees and counteracting discrimination in employment,

• ensuring safe and hygienic working conditions for employees,

• familiarising employees taking up work with their responsibilities, method of performing work on designated posts and their basic rights,

• organising work in a way that ensures fully effective use of the working time,

• application of objective and fair criteria for the assessment of employees and their performance,

• keeping and storage of documentation in matters relating to the employment relationship and the employee’s personal file (staff dossier), in paper or electronic form.

The employer is required to counteract mobbing (harassment) at work.

In connection with the termination or expiration of the employment relationship, the employer is obliged to immediately issue an employment certificate to the employee.

Employer’s main duties related to the staff dossier

Employers are required to:

• create and keep documentation for each employee in matters related to the employment relationship and the employee’s personal file (staff dossier),

• keep the staff dossier for the period of employment and the period indicated in the regulations, in such a way as to ensure that it is kept confidential, integral, complete and accessible under conditions that do not create a risk of it being damaged or destroyed.

The employee is entitled, inter alia, to receive, at any time, a copy of all or a part of the staff dossier.

For each employee, a separate personal file must be kept by the employer, containing, inter alia, documents relating to the application for employment, establishment and termination or expiration of the employment relationship and the course of employment.

In addition, the employer keeps, separately for each employee, inter alia, a dossier on matters relating to the employment relationship, including:

• documents referring to records of working time (including, but not limited to, working time records),

• documents relating to the application for and use of annual leave,

• the chart (list) of remuneration and other work-related benefits,

• the records of the assignment of work clothing and footwear and of personal protective equipment, as well as the payment of the pecuniary equivalent for using own clothing and footwear, as well as their laundering and maintenance.

 

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

In some cases for objective reasons it is not possible to issue a certificate of employment to the employee on the date on which the employment relationship is terminated. The employer then sends, within 7 days of that date, the certificate of employment to the employee either through a postal operator or delivers it by other means.

The certificate of employment is a document containing information on completed employment.

The certificate of employment includes, inter alia, the following information:

• concerning the period(s) and type of work carried out,

• concerning occupied positions or functions,

• concerning the procedure and the legal basis for termination or the legal basis for expiration of the employment relationship. If the contract of employment is terminated by notice – the party to the employment relationship which gave the notice of termination (i.e. the employee or the employer) or in case of expiration the circumstances of expiration of the employment relationship.

The employer may not make the issue of that document conditional upon prior settlement of obligations by the employee.

Corrigendum to the certificate of employment

If the employee does not agree with the contents of the certificate of employment (for example, they believe that the information contained therein is false), they may request a corrigendum of the certificate, i.e. request the certificate to be corrected. The request is to be submitted to the employer within 14 days of receipt of the certificate. The corrigendum consists in giving the employee a new certificate of employment within that period.

If the employer does not accept the request for a corrigendum, the employee may apply to the labour court. They have 14 days from the refusal to issue a corrigendum to do so.

Request for issue of a certificate of employment

If the employer fails to issue the certificate of employment, the employee has the right to apply to the labour court with a request to oblige the employer to issue a certificate of employment.

Where an employer does not exist or an action concerning issuance of a certificate of employment may not be brought against it for other reasons, the employee has the right to apply to the labour court for establishing the right to receive a certificate of employment.

Such a request may be made at any time before the expiry of the limitation period.

A corrigendum of the certificate of employment may also be requested in this manner.

Employee compensation claim

An employee is entitled to compensation for damage caused by:

• failure to issue within the deadline; or

• issue of an incorrect certificate of employment.

Compensation is payable in the amount of remuneration for the period of unemployment for that reason, but no longer than 6 weeks.

 

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

European network of Employment Services (EURES) was established by the European Commission in 1993, on the basis of the European Union legislation.

EURES network operates in all Member States of the European Union (the EU) and European Free Trade Association (EFTA) with the objective of supporting mobility of workers in the European labour market.

EURES network comprises of public employment services of the EU and EFTA Member States and other authorized organisations operating in the area of employment, at the local, regional, national and EU levels.

EURES network provides services in the area of EU wide job placement and provides information on conditions of living and working in the EU and EFTA Member States.

 

TYPE, PURPOSE AND EXPECTED RESULTS OF SERVICE OFFERED

Main purpose of services provided by the EURES network is promotion of voluntary geographical and occupational mobility in the EU, including cross-border regions, on a fair basis and in compliance with EU and national law and practice.

Support services provided by EURES network are offered to:

• unemployed and jobseekers from Poland and another EU / EFTA Member State

• employers from Poland and another EU / EFTA Member State.

 

Type of services offered to Polish unemployed and jobseekers:

Access to information

• information related to looking for jobs in EU and EFTA countries

• information on living and working conditions in EU and EFTA countries, including borderland (cross-border) areas

• information on labour markets in EU and EFTA countries (national and regional, including information on where jobs are available and in which professions and industries)

• information on the principles governing internships and professional training in the EU and EFTA countries

• information on events organized by the EURES network in Poland and abroad: international job fair, European Job Days, etc.

• information on dedicated job mobility programmes, which help jobseekers find employment in other EU and EFTA countries, with the help of EU financial support, e.g.: “Your first EURES job”(programme for youth)

Work in the EU and EFTA countries

• support in looking for a job abroad

• access to foreign job offers (vacancies from labour offices and EURES partner organisations)

• ability to publish the CV in the EU database on European Job Mobility Portal www.eures.europa.eu , which is accessed by thousands of registered employers from the EU and EFTA countries

• recruitment for jobs abroad in specified professions, with the support of EURES advisers

• help in writing your CV

• access to international job fair, European Job Days, and other recruitment events in Poland and abroad

• EU job placement in borderland (cross-border) areas

Counselling in the selected job mobility area 

• European Skills Passport

• CV in the Europass format

• advice and guidelines for graduates

• specific counselling for jobseekers from borderland (cross-border) areas as regards job mobility

On-line services

European Job Mobility Portal www.eures.europa.eu that offers:

• job vacancies in the EU and EFTA countries, including Poland (job vacancies come from labour offices and EURES partner organizations)

• registration of qualifications, skills and experience in the online CV database available to registered employers from the EU and EFTA countries

• information on European labour markets, surplus and deficit occupations in the EU and EFTA countries

• calendar of EURES events in the EU and EFTA countries

• advice and guidance for graduates

• the portal is run by the European Commission in all official EU languages

European Job Days on-line www.europeanjobdays.eu 

• the European platform allows jobseekers to present themselves to employers from the EU and EFTA from their computers without leaving home via the Internet

• Internet users can take advantage of job offers, job interviews with employers, chat rooms etc. as well as gain knowledge of European job mobility during webinars

• the event is organized several times a year by the EURES network in selected EU or EFTA countries

Polish EURES webpage www.eures.praca.gov.pl  that offers: 

• information on the EURES network

• information about looking for a job in the EU or EFTA countries 

• foreign job offers announced as part of EURES by voivodship labour offices and Voluntary Labour Corps

• information on living and working conditions in the EU and EFTA in Polish

• calendar of events organized by EURES in Poland

• information on EURES cross-border partnerships in Poland.

Expected results of the services are related to increase knowledge of Polish unemployed and jobseekers on living and working in another EU or EFTA Member State and support in finding job abroad in these countries.

 

Type of services offered to unemployed and jobseekers from another EU / EFTA Member State:

• information on living and working conditions in Poland in Polish, English and German

• access to Polish job offers posted at www.oferty.praca.gov.pl

• support for CVs of EU / EFTA citizens interested in working in Poland

• assistance in writing application documents

• access to chat with the Polish EURES Advisers on the European Job Mobility Portal www.eures.europa.eu

• participation in job fairs organized in Poland, including European Job Days on-line www.europeanjobdays.eu

• access to targeted mobility programs, 

• advice where to find accommodation in Poland, Polish language courses or integration training

• advice and job offers for graduates

• on-line services

European Job Mobility Portal www.eures.europa.eu that offers:

• job vacancies in the EU and EFTA countries, including Poland (job vacancies come from labour offices and EURES partner organizations)

• registration of qualifications, skills and experience in the online CV database available to registered employers from the EU / EFTA countries

• information on European labour markets, surplus and deficit occupations in the EU / EFTA countries

• calendar of EURES events in the EU / EFTA countries

• advice and guidance for graduates 

• the portal is run by the European Commission in all official EU languages

European Job Days on-line www.europeanjobdays.eu 

• the European platform allows jobseekers to present themselves to employers from the EU and EFTA countries from their computers without leaving home via the Internet

• Internet users can take advantage of job offers, job interviews with employers, chat rooms etc. as well as gain knowledge of European job mobility during webinars

• the event is organized several times a year by the EURES network in selected EU and EFTA countries

Polish EURES webpage www.eures.praca.gov.pl  that offers dedicated section for EU / EFTA citizens in English which includes information on: 

• job vacancies in Poland

• how to find job in Poland

• living and working in Poland (in Polish, English and German)

• Polish labour market

• Europass CV,

• Beginning a professional career in Poland  

• Checklist before and after arrival in Poland

• Mobility on European labour market

• Vocational and educational training in Poland

• Frontier and cross-border workers

• Right to free movement of workers

• EURES services in Poland for jobseekers.

 

Expected results of the services are related to increase knowledge of unemployed and jobseekers from another EU or EFTA Member State on living and working in Poland and support in finding job Poland.

Type of services offered to Polish employers:

Access to information

• information about the possibilities of recruiting employees in other EU / EFTA country, about employment requirements and challenges related to hiring foreigners from EU / EFTA country and administrative procedures before and after hiring

• information on national and regional labour markets in the EU and EFTA countries including information on where workers are available and in which professions and industries

• information on events organized by the EURES network in Poland and abroad, such as international job fairs, European Job Days and other recruitment events

• information on special EURES initiatives that help employers find workers in other EU / EFTA countries using EU financial support

Access to candidates from another EU / EFTA Member State

• access to the CV database of candidates on the European Job Mobility Portal www.eures.europa.eu (after registering on this portal)

• the possibility of placing a job offer on the European Job Mobility Portal, that is available to all EU / EFTA citizens (for this purpose, please contact the nearest Poviat Labor Office, Youth Education and Labor Center for Voluntary Labor Corps or an entity possessing EURES accreditation or register the job offer electronically on the website www.praca.gov.pl )

• support in the recruitment of workers from selected EU / EFTA countries:

• assistance in preparing the content of a job offer in a foreign language in accordance with proper standards 

• collecting a CVs

• pre-selection of EU / EFTA candidates

• if possible, help in conducting interviews abroad

• the opportunity to participate in events organized by the EURES network in Europe, e.g. international job fairs, European Job Days, which increases the chances of finding workers with proper qualifications

• support in the recruitment of frontier workers with the participation of EURES cross-border partnerships

 

On-line services

European Job Mobility Portal www.eures.europa.eu that offers:

• over 3 million job vacancies in the EU and EFTA countries (job vacancies come from labour offices and EURES partner organizations)

• over 400 thousand registered CVs

• over 14 thousand registered employers

• employers can quickly and easily:

• post job offers via national IT systems of public employment services

• create an account to search and store candidate profiles to work according to various criteria, e.g. qualifications, experience, knowledge of foreign languages

• receive notifications when there are candidates matching the employer's requirements

• search for dates for upcoming international job fairs, European Job Days and other events in the EU / EFTA countries related to recruitment

• view information and statistics on national and regional labor markets in the EU / EFTA countries, among others information on surplus and deficit occupations

• information on living and working conditions in the EU / EFTA countries

•  calendar of EURES events in the EU / EFTA countries 

• the portal that is run by the European Commission in all official EU languages

European Job Days on-line www.europeanjobdays.eu 

• a European platform for organizing virtual job days, enabling a direct connection from employer’s computer to candidates for jobs from other countries with relevant professional qualifications

• employers can post their job offers, conduct interviews with jobseekers, take part in on-line chats

• employers can get knowledge about European job mobility here

• the event is organized several times a year by the EURES network in selected EEA countries.

Expected results of the services are related to increase knowledge of possibilities for recruiting workers from another EU / EFTA Member States and support in finding candidates from EU / EFTA for job vacancies offered by Polish employers.

 

Type of services offered to employers from another EU / EFTA Member States

Employers from EU / EFTA Member states can take advantage of the opportunities offered by European Job Mobility Portal www.eures.europa.eu  where the database of CVs’ of job seekers is available, including job seekers from Poland, who are interested in working abroad. Moreover, in selected situations, European employers can receive direct support from Polish EURES advisers.

Within the EURES network in Poland, job offers are only accepted through an EURES network representative from the EU and EFTA countries from where employer comes from.

If the job offer concerns borderland (cross-border) areas, a Polish EURES network representative can accept a job offer directly from an employer from particular EU country or through a representative of the EURES network in that country.

It is important to underline that Polish EURES network is avoiding to support recruitment of Polish workers who belong to deficit occupations at Polish labour market. 

The EURES network in Poland offers the following services for foreign employers:

• distribution of job offers in Polish – a job offer that is accepted will be translated and published online – in the Central Database of Job Offers www.oferty.praca.gov.pl 

• collecting CVs and other application documents from Polish candidates, selecting candidates in line with the needs of the employer, providing support in organising and holding job interviews

• informing about Polish labour market – disseminating information on the situation on regional labour markets in Poland and in individual industries and occupations

• practical advice provided by EURES advisers with respect to recruitment procedures of Polish workers, social and cultural conditions, and other guidelines that are useful when recruiting employees in Poland

• international fair and recruitment campaigns in Poland – employers from the EU and EFTA countries have the option to participate in international fair and recruitment campaigns by voivodship and poviat labour offices. During the said events, job offers, living and working conditions in the EU and EFTA countries are presented; candidates are also interviewed and recruited.

Expected results of the services are related to support in finding candidates from Poland for jobs offered abroad in another EU / EFTA countries.

 

CONTACT DETAILS OF THE ENTITIES RESPONSIBLE FOR THE SERVICE

Contact details to staff who provide EURES network services are available in section “Contact us” / “EURES staff” on https://eures.praca.gov.pl/en/contact/eures-staff 

APPLICABLE FEES AND ONLINE METHODS OF PAYMENT

EURES services in Poland provided by voivodship and poviat labour offices as well as Voluntary Labor Corps are free of charge.

APPLICABLE DEDLINES TO BE RESPECTED

It is difficult estimate time needed for delivery of EURES support services due to variety of accessible services. 

Some information is available at once while complicated cases needs time to check, consult and prepare reply. According to Polish law public institutions shall reply for citizen’s or other entities’ request without undue delay but no later than 1 month. In particular complicates case time for reply is longer – up to 2 months.

More time is needed in case of delivery of international job placement or prepare an on-site or on-line event. 

 

LANGUAGES OF THE SERVICE

EURES support services are available:

• in Polish and 
• in English - only in voivodship labour offices and voivodship headquarters of Voluntary Labour Corps.

National EURES webpage www.eures.praca.gov.pl is available in Polish and English

 

LAW ACTS

https://eures.praca.gov.pl/en/about-us/legal-basis 

 

NAME OF THE ENTITY RESPONSIBLE FOR THE CONTENT OF THE INFORMATION

Ministry of Economic Development, Labour and Technology

Labour Market Department

email: Sekretariat.DRP@mrpips.gov.pl

 

The information on this website has been prepared for users of the single digital gateway in order to ensure compliance with Article 5 of Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services.

 

In addition, the employee is required, in particular, to:

• respect the working hours established at the workplace,

• comply with the workplace regulations and order established at the workplace,

• comply with the rules and principles of occupational health and safety as well as with the fire regulations,

• care for the interests of the employing establishment,

• protect the property of the employing establishment,

• keep confidential the information the disclosure of which could expose the employer to damage,

• respect secrecy as defined in specific provisions,

• respect the principles of social coexistence at the workplace.

Competition ban

The employee is obliged to refrain from competitive activity in respect of the employer only if an agreement is signed regarding this matter. Such an agreement must be concluded in writing, failing which the agreement will be invalid.

The non-compete obligation may apply in the course of or after termination of employment.

 

Remuneration for work and other work-related benefits 

The employment relationship is non-gratuitous. Therefore, the employee’s remuneration is a compulsory and periodic employee benefit that the employee may legitimately claim. 

The provisions of the labour law may require the employer to also grant the employee other work-related benefits (for example: retirement benefit, survivor’s allowance).

Legal acts setting out the conditions for remuneration

The conditions for remuneration specify, inter alia, the rates, components and method of calculation of remuneration and other benefits. They also govern the arrangements for their payment, as well as the date, place and form of payment.

The terms and conditions of remuneration and other work-related benefits are laid down in a collective bargaining agreement.

Where the employer is not covered by a collective bargaining agreement and employs at least 50 employees, the conditions for remuneration are set out in the remuneration regulations.

The remuneration regulations are laid down by the employer. If the employer has a trade union organisation, the employer agrees the remuneration regulations with it.

In the case of employers who do not have a collective bargaining agreement or remuneration regulations, the conditions for remuneration are laid down in contracts of employment.

Remuneration for work

The remuneration for work should be such as to correspond, in particular, to the following:

• the type of work carried out,

• the qualifications required for the performance of the duties,

• the quantity and quality of work.

Remuneration for the period of inactivity

Exceptionally, remuneration is payable when the employee does not work, and therefore for the period during which the work is not carried out. The right to remuneration in such a situation must be provided for in a provision of law (e.g. sick pay of up to 33 or 14 days per calendar year).

If the employee was ready to perform work and encountered obstacles in doing so that were attributable to the employer, they are entitled to remuneration for the period of inactivity. Such obstacles may, for example, be the failure of a machine or a break in the supply of electricity.

The employee retains the right to remuneration in the case of certain exemptions from work. This applies to exemptions for personal and family reasons (the employee or their child’s wedding, death of family members, birth of a child).

Sick pay

An employee retains the right to be remunerated for the period of incapacity for work due to sickness or confinement because of an infectious disease.

This remuneration is payable for this period, taking up a total of (per calendar year):

• up to 33 days; or

• up to 14 days in the case of an employee who has reached the age of 50 (employees who reached that age during the calendar year).

The amount of sick pay for the period of sickness is as follows:

• 80% of the remuneration,

• 100% of the remuneration in the cases of:

• accident on the way to or from work,

• illness during pregnancy,

• undergoing necessary medical examinations for donors of cells, tissues and organs and undergoing collection of cells, tissues and organs.

Periods of incapacity for work for a period longer than 33 or 14 days are eligible for a sickness benefit.

Basic remuneration

This is a fixed component of remuneration. This is a recurring periodic benefit (paid at least once a month).

Its amount is determined at the rate of personal pay grade.

The remuneration may be defined as:

• monthly, weekly or hourly rate (time-based remuneration),

• rate per product unit – piecework (remuneration for results), dependent on performance, e.g. on the number of products, services, contracts signed, etc.,

• commission.

Additional components of remuneration

They are components paid in addition to the base remuneration. Bonuses, prizes, commissions and allowances are distinguished.

Additional remuneration - allowances

These are the components of the remuneration to be paid in addition to the base remuneration. They may be fixed or variable.

The generally applicable provisions of the labour law provide, inter alia, for the following allowances:

• for overtime,

• for night work,

• compensating for a reduction in remuneration due to transfer to another job (pregnant women, employees who are unfit for work due to an accident at work or occupational disease).

The workplace remuneration regulations may include e.g. the following allowances:

• function-related,

• for seniority,

• for knowledge of foreign languages,

• for work under harmful, onerous and hazardous conditions.

Protection of remuneration for work

An employee may not renounce their remuneration for work or transfer that right to another person.

Limits for deductions from remuneration

Only the following are to be deducted from net remuneration (net of social security contributions, advance payments for personal income tax and also payments made to the employee capital plan if the employee has not resigned from them):

• sums enforced by virtue of enforcement titles for maintenance allowance,

• amounts enforced under enforcement titles for claims other than maintenance allowance,

• monetary advances granted to employees,

• pecuniary penalties provided for in the Labour Code.

Maintenance allowance is privileged. 3/5, or 60% of remuneration may be deducted for this allowance. In other cases, it is possible to deduct half of the remuneration for work.

An amount free from deductions has been established. It is the amount of the minimum wage.

However, in the case of maintenance allowance payments, the limitation to the amount of the minimum wage does not apply (there is no amount free form deductions).

If the deduction concerns advance payments, this limitation is 75% of the minimum wage. And in the case of pecuniary penalties, it is 90% of the minimum wage.

Deduction with the consent of the employee

Claims other than those indicated above may be deducted from the employee’s remuneration only with their consent. Such consent must be given in writing and must concern a specific and existing claim. The employee may withdraw their consent at any time.

In this situation, the remuneration for work free from deductions amounts to:

• the minimum wage for deductions of claims due to the employer,

• 80% of the minimum wage for deductions of other claims.

Payment of remuneration

As a rule, payment of remuneration takes place at least once a month, on a fixed and predetermined date.

The employer is required to pay remuneration at the place, date and time specified in the work regulations or in other provisions of the labour law or in the notice.

Remuneration for work is paid once a month in arrears as soon as its full amount is determined. However, this may not be done later than within the first 10 days of the following calendar month.

If the date on which the remuneration for work is payable is a holiday, the remuneration is paid on the day before.

Remuneration components payable to the employee for periods longer than 1 month are paid in arrears within the time limits laid down in the provisions of the labour law.

Failure to pay remuneration or other benefits under the employment relationship within the time limit necessitates payment of interest.

In principle, remuneration must be paid in monetary form.

Payment of remuneration may be made in a non-cash or cash form. The rule is that remuneration is paid to the payment account indicated by the employee. If the employee wishes to receive payment personally in the form of cash, they must apply to the employer in writing or in electronic form for such a payment method.

Other work-related benefits

Retirement benefit

Retirement benefit is payable to the employee:

• who meets the criteria for invalidity or retirement pension,

• whose employment relationship has ceased in connection with retirement.

This benefit is payable in the amount of 1 month’s remuneration.

Survivor’s allowance

Survivor’s allowance is paid by the employer to the family of the employee in the case of:

• death of the employee during the employment relationship, or

• after its termination, during collection of allowance for incapacity for work because of illness.

The survivor’s allowance is paid to a spouse or other family members of the employee who satisfy the conditions required to receive family pension. Its amount depends on the period of employment of the employee by the employer concerned.

Minimum wage

The employee is entitled to minimum wage for work.

The minimum wage in Poland is a nationwide category. It is not subject to differentiation according to the region, industry, economic sector, professional group or skills.

The fixed minimum wage level for employees takes the form of a monthly rate (it may be converted to an hourly rate).

The minimum wage includes all the employee’s remuneration components and other benefits arising out of the employment relationship. It takes into account not only the base remuneration, but also other components of remuneration, including bonuses and awards.

However, the minimum wage does not include:

• anniversary award,

• retirement benefit,

• seniority allowance,

• overtime pay,

• allowance for night work.

The minimum wage in 2020 is PLN 2 600 for each month.

Minimum hourly rate

The minimum hourly rate applies to work carried out on the basis of the following civil law contracts:

• contracts of mandate,

• service contracts to which mandate provisions apply.

Both entrepreneurs and other organisational units (e.g. public institutions, government administration units) are required to pay the minimum hourly rate.

This rate does not apply to contracts between natural persons who do not pursue economic activity.

The minimum hourly rate does not apply to certain contracts as laid down in the Act on minimum wage. Exception includes specific contracts on providing care for one or more persons, as well as contracts where place and time of performing instructions or providing services is set by the person employed and the remuneration is defined as commission only.

The minimum level of remuneration for civil law contracts is subject to special protection:

• the payment must be made in monetary form,

• in the case of contracts concluded for a period longer than 1 month, remuneration resulting from the amount of minimum hourly rate is paid at least once a month,

• renouncement of the right to that remuneration and its transfer to another person is prohibited,

• it is protected against enforcement in accordance with the principles laid down in the Code of Civil Procedure.

The minimum hourly rate, as well as the minimum wage, is a nationwide category. It is not subject to differentiation according to the region, industry, economic sector, professional group or skills. 

 

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

Standards and quantities of working time

The provisions of the Labour Code set working time standards at 8 hours a day and an average of 40 hours per week in an average five-day working week in the adopted reference period. On the basis of these standards, the employer determines the number of hours and days to work over the adopted working time reference period.

The number of these hours is calculated as follows:

• by multiplying 40 hours by the number of weeks per reference period, then

•  by adding to the number of hours obtained the product of 8 hours and the number of days remaining until the end of the reference period, from Monday to Friday.

Each holiday occurring during the reference period on a day other than Sunday reduces working time by 8 hours.

Holidays are:

• 1 January – New Year's Day,

• 6 January – Epiphany,

• Easter Sunday and Easter Monday,

• 1 May – National Holiday,

• 3 May – Constitution Day,

• Pentecost Sunday,

• Corpus Christi,

• 15 August – Assumption of the Blessed Virgin Mary,

• 1 November – All Saints’ Day,

• 11 November – Independence Day,

• 25 and 26 December – Christmas Day and second day of Christmastide

Working time systems

The Labour Code sets out which working time systems may be applied by employers. These include, among others:

• the basic working time system, in which the daily working time is 8 hours,

• a system of equivalent working hours, where the daily length of time may be extended, in principle, up to 12 hours, and for certain types of work – even up to 16 hours or 24 hours,

• an intermittent working time system, in which the working time schedule may provide for a single break from work in a day of no more than 5 hours,

• a task-based working time system, in which the employee primarily decides on their working schedule,

• short working week system, where work is carried out for less than 5 days a week,

• ‘weekend working time’, where work is only performed on Fridays, Saturdays, Sundays and public holidays.

The kind of working time arrangements applied by the employer should be based on the in-house rules of the employer, i.e. the collective bargaining agreement, the work regulations or the notice. Exceptions include: reduced working week system and the ‘weekend working time’ system, which may only be applied to the employee on the basis of a contract of employment.

Working time schedules

As part of the working time systems, the employer may apply different working time schedules to employees, which should also be laid down in the in-house rules applicable to the employer.

Regardless of the working time system used, shift work is allowed and determination of the working time  schedules for shift work may be different. There are virtually no restrictions in this respect, apart from the fact that not every employee may be employed at night.

Pregnant and juvenile employees must not be employed during night time (this prohibition is unconditional). On the other hand, an employee caring for a child until the age of 4 may not be employed during night time without their consent.

However, not all employees are required to work according to working time schedules resulting from in-house rules. At the written request of the employee, the employer may determine the working time individually for the employee, in the context of the working time system in which the employee is employed.

Reference period

The reference period is a period of time used to determine (calculate) the amount of working time as well as to settle the working time (i.e. to determine whether the weekly working time standard has been exceeded).

Reference periods are defined as maximum. This means that the employer may set a shorter reference period within these limits.

Working days and days off work

The number of working hours (number of hours to be worked) determines the number of working days. It is determined by dividing the number of hours to be worked by 8 (the daily working time standard). The rest of the days should be days off work for the employee.

Days off work for the employee are as follows:

• Sundays and public holidays or, in case work on such days is permitted, days granted in exchange for work on Sundays and public holidays,

• days off work resulting from working time schedules based on an average five-day working week – this may be each day of the week, except Sundays and holidays,

• days compensating the employee for extended daily working time of more than 8 hours – these days may occur only in an equivalent working time system.

Sundays and public holidays are, in principle, days off work. Work on these days is only allowed on an exceptional basis, in the cases specified in the Labour Code.

In particular, work on Sundays and public holidays is regulated at commercial establishments. Work in such establishments is not allowed on Sundays (except 7 particular Sundays during a year) and holidays (including when the holiday falls on a Sunday). 

If the work for the employer is performed on Sundays, the employee should have a Sunday off at least once every 4 weeks. This does not apply, however, to an employee employed according to the ‘weekend working time’ system, which is characterised by continuous work on Sundays.

Daily and weekly rest

In principle, every employee is entitled to a continuous rest period of at least 11 hours per day. This does not apply only:

• to employees managing the workplace on behalf of the employer,

• if a rescue campaign is necessary to preserve human life or health, to protect property or the environment or to correct a malfunction.

In addition, the employee is entitled to a minimum of 35 consecutive hours of rest each week, including at least 11 hours of uninterrupted daily rest.

In specific cases, the weekly rest may be reduced to 24 hours. (e.g. cases where a rescue campaign needs to be carried out in order to protect human life or health, to protect property or the environment or correct a malfunction).

The weekly rest should fall on a Sunday. Sunday includes 24 consecutive hours, starting at 6.00 on that day, unless a different time has been set by the employer. However, in the cases of permitted work on Sundays, this rest period may fall on a day other than Sunday.

Night work

The night time is 8 hours between 9:00 p.m. and 7:00 a.m. It is the responsibility of the employer to define the specific framework of the night time in the workplace.

An employee performing night work is entitled to an allowance for each hour of night work in the amount of 20% of the hourly rate resulting from the minimum remuneration for work.

This allowance is separate from the allowance for overtime. It is due to all employees, including managers.

On-call duty

In addition to determining the employee’s working hours, the employer may put them on on-call duty. On-call duty means the employee remains in readiness to perform their work outside normal working hours at the workplace or at another place designated by the employer.

On-call time is counted as working time only if the employee actually worked while on duty. On the other hand, if the employee did not work while on duty, the on-call time is not counted as working time.

On-call time must not affect the employee’s right to daily and weekly rest. This means that it is not permissible to instruct the employee to be on call for 24 hours or a whole week. The total on-call time and working time must not exceed 13 hours per day, and the employee must also have a minimum of 35 hours of continuous weekly rest. This also applies to on-call time at home. However, these restrictions do not apply to employees managing the workplace on behalf of the employer.

Overtime

Overtime work is work for more than 8 hours per day or work for more than 40 hours per week.

If, however, an employee is employed in an equivalent working time system, overtime work is work:

• for more than 8 hours a day – if, on a given day, the employee is to work for 8 hours or less, in accordance with the working time schedule applicable to them; or

• work beyond the extended time (more than 8 hours) of the daily working time resulting from the working time schedule of the employee; or

• work for more than 40 hours per week on average in a reference period.

Admissibility of overtime work

Overtime is permitted in the cases where:

• there is a need to conduct a rescue campaign in order to protect human life or health, to protect property or the environment or to correct a malfunction,

• the employer has special needs.

Overtime work by pregnant employees and adolescents is prohibited. By contrast, overtime work by an employee caring for a child until the age of 4 is permissible, subject to them consenting to such work.

Limits of overtime work

Overtime is limited:

• on a daily basis,

• on a weekly basis (in the reference period),

• per calendar year.

The maximum daily hours of overtime result indirectly from the provisions on the daily rest period. In view of the need to guarantee that an employee has 11 hours of daily rest, working hours with the overtime may not exceed 13 hours per day.

Weekly working time, including overtime, may not exceed on average 48 hours in the reference period.

The number of overtime hours worked in connection with the employer’s special needs must not exceed 150 hours per calendar year for an individual employee.

It is permissible to fix a different number of overtime hours in a calendar year. This may occur under a collective bargaining agreement or the workplace regulations. It is also possible to include such a clause in the contract of employment if the employer is not subject to a collective bargaining agreement or is not required to lay down the work regulations.

However, as a result, the average weekly working time limit of 48 hours may not be exceeded.

Compensation for overtime work

An employee is always entitled to regular remuneration for each hour of overtime work. In addition, overtime work may be compensated for either with additional remuneration or free time.

a) 100% additional remuneration (overtime allowance)

The employee is entitled to additional remuneration in the amount of 100% of the remuneration for overtime work per day falling:

• at night,

• on Sundays and public holidays which are not work days for the employee, in accordance with their working time schedule,

• on a day off work granted to the employee in exchange for work on a Sunday or public holiday, in accordance with their working time schedule,

• as well as where the work exceeds the average 40-hour weekly working time standard.

b) 50% additional remuneration

The employee is entitled to additional remuneration in the amount of 50% of the remuneration for overtime work per day falling on days which are work days for the employee, in accordance with their working time schedule (including 'working' Sundays and public holidays). There is an exception for overtime night work (with additional remuneration equal to 100% of the remuneration).

An allowance in the amount of 50% of remuneration is also due for overtime work per day falling on:

- a day off from work resulting from the schedule of working time in an average five-day working week,

- non-working days compensating the increase in the daily working time above 8 hours (in the system of equivalent working time).

For overtime work exceeding the daily and weekly standard at the same time, the employee is entitled to only one overtime allowance.

c) free time at the employee’s request

If free time is granted on the basis of a written request from the employee, it is granted in the amount equal to the number of hours worked. In that case, the free time may also be granted outside the reference period during which the overtime work occurred.

d) free time without the employee’s request

If free time is granted without the employee’s request, it is granted in the amount larger by a half than the number of hours worked. In this case, the free time must be granted at the latest by the end of the reference period.

e) lump sum for overtime work

In the case of employees who are permanently working outside the workplace, it is permissible to replace the regular and the additional remuneration for overtime work with a lump sum. The amount of this lump sum should correspond to the predicted duration of overtime work.

Settlement of working time

Settlement of work on Sundays and public holidays

The employer is obliged to grant an employee working on a Sunday another day off work in exchange within 6 calendar days preceding or following such a Sunday. If it is not possible to use a day off work in exchange for work on a Sunday within that time frame, the employee is entitled to a day off work by the end of the reference period.

On the other hand, the employer is obliged to grant an employee working on a public holiday another day off work in exchange within the reference period. 

A day off compensates the employee for work on that day within the limits of the daily working time standard, i.e. up to 8 hours. Working more than 8 hours on this day is overtime work per day and therefore should be compensated for the employee as overtime work, i.e. with an allowance or time off work. The allowance for overtime work per day on Sunday and public holidays is 100% of the remuneration.

In the event that it is not possible to grant a day off work in exchange for work on a Sunday until the end of the reference period – the employee is entitled to additional remuneration in the amount of 100% for each hour of work on a Sunday. The same is true if using a day off work in exchange for work on a public holiday is not possible until the end of the settlement period. The employee is then entitled to additional remuneration in the amount of 100% for each hour of work on a public holiday.

In the case of work on a public holiday falling on a Sunday, the rules of work on a Sunday apply.

Compensation for on-call time

For on-call time, the employee is entitled, in the first place, to free time equivalent to the length of on-call time. Only in the absence of a possibility to grant free time does remuneration resulting from the personal pay grade, set at an hourly or monthly rate, apply (60% of remuneration is payable if such a remuneration component has not been identified when setting remuneration terms and conditions.)

However, compensation for on-call time is not payable:

• if the on-call duty took place at home,

• to employees managing the workplace on behalf of the employer – regardless of the place of on-call duty.

Holidays and exemptions from work

The labor law provides for the following mechanisms for granting employees time off from work: 

• annual leave, 

• unpaid leave, 

• training leave, 

• exemptions from work.

Annual leave

Annual leave is an annual, uninterrupted and paid break in the performance of work. The leave is to be used in kind. The employee may not renounce their right to annual leave.

Acquisition of the right to annual leave

The right to take the first annual leave is acquired by an employee who becomes employed for the first time after the end of each month of employment, in the amount of 1/12 of the leave to which they are entitled after working for a year. For each month, they are entitled to 1/12 of the 20 days (i.e. 1.66 days) – i.e. the right to leave is acquired in arrears.

The right to subsequent leave is acquired in each subsequent calendar year – i.e. the right to leave is acquired in advance.

If the employment relationship is terminated or established in the course of a calendar year, the amount of leave is calculated in proportion to the length of time worked for the employer concerned. In such a case, 1 month corresponds to 1/12 of the annual leave. An incomplete calendar month of work is rounded up to a full month.

An incomplete day of leave is rounded up to a full day.

The duration of annual leave

The duration of the leave depends on the overall seniority, i.e. all periods of employment. It amounts to:

• 20 days with a period of employment of less than 10 years,

• 26 days with a period of employment of at least 10 years.

When working part-time, the duration of leave is proportionate to the time basis of employment, for example in the case of ½ of full-time, it is 10 or 13 days.

The period of employment on which the duration of leave depends includes the periods of previous employment without regard to the breaks in employment and the manner in which the employment relationship was terminated.

It also includes completed periods of education in accordance with the rules set out in the labour law.

Granting annual leave

Leave should be granted during the year in which the employee acquired the right to it. Leave should be granted in accordance with the leave plan. The leave plan is determined by the employer, taking into account the employees’ requests and the need to ensure normal course of work. In the absence of such a plan leave is granted on the basis of the employee’s agreement with the employer.

The leave may be taken in parts at the request of the employee, with one part covering a period of at least 14 consecutive calendar days.

The employee may use 4 days of leave at their request, which the employer should grant ('leave on demand').

Leave is granted on days which are working days for the employee, in accordance with the working time schedule applicable to them, in working hours corresponding to the employee’s daily working time on that day.

When granting leave, one day of leave corresponds to 8 hours of work (20 days x 8 hours = 160 hours; 26 days x 8 hours = 208 hours).

If the leave is not used during the calendar year, it is granted by 30 September of the following year.

Rescheduling annual leave

The employer is required to reschedule the leave in the case of:

• illness of the employee,

• isolation owing to a contagious disease,

• the employee being summoned for military exercise,

• maternity, parental and paternity leave.

Those circumstances also result in interruption of the leave granted.

The employer may reschedule the leave:

• at the request of the employee, substantiated with important reasons,

• because of special needs of the employer if the employee’s absence would result in disruption of the work.

Callback from annual leave

The employer may call the employee back from the leave only if their presence at the workplace is required by circumstances unforeseen at the time of commencement of the leave. In that case, the employer is required to cover the employee’s costs directly related to the callback from the leave.

Remuneration for annual leave

The leave is paid and the employee is entitled to the same remuneration which they would receive if they worked during that period.

The fixed components of remuneration are taken into account in the amount payable for the month in which the leave is taken.

Variable remuneration components are taken into account at the average amount from 3 months preceding the month of the leave. In the cases of severe fluctuations in the remuneration amount, this period may be extended to 12 months.

Pecuniary equivalent for annual leave

If the leave is not used in kind, a pecuniary equivalent becomes due. It is only payable if the leave is not taken on the grounds of termination or expiration of the employment relationship.

Unpaid leave

It is a leave during which the rights and obligations of the parties to the employment relationship are suspended. The employee does not perform work and the employer pays no remuneration. It is granted on the basis of a written request from the employee.

As a general rule, the period of unpaid leave is not counted as part of the periods of work on which employee rights are dependent. However, there are unpaid leaves that are included in periods of work. For example, unpaid leave granted with the consent of the employee, expressed in writing, to work for another employer for the period set out in the agreement between employers concluded regarding this matter.

Training leave

Entitled to training leave is an employee undergoing a professional training, if the employee is acquiring knowledge at the initiative or with the agreement of the employer.

It is paid leave. Its length is defined by the labour law.

Exemption from work

Exemptions from work are breaks in the performance of work provided for by law. They are commonly known as special leave.

These exemptions are granted due to specific circumstances:

• for dealing with personal and family matters,

• for the purpose of performance of social or civic duties.

Such exemption is to be granted e.g.:

• for the time necessary to appear at the request of a government or local authority, a court, the public prosecutor’s office, the police or an authority conducting misdemeanour proceedings,

• to an employee who is a blood donor for the time specified by the blood donation centre in order to donate blood,

• in the event of the employee’s wedding or birth of their child, or death and funeral of the employee’s spouse or child, father, mother, stepfather or stepmother, in the amount of 2 days,

• in the event of a wedding of the employee’s child or death and funeral of their sister, brother, mother-in-law, father-ion-law, grandmother, grandfather, as well as another dependant or person under their direct care, in the amount of 1 day,

• to an employee bringing up at least one child up to 14 years of age, in the amount of 16 hours or 2 days.

 

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
 

Protection of pregnant women

An employee’s pregnancy should be determined by a medical certificate. The employer is obliged to give pregnant employees exemptions from work for medical examinations prescribed by a doctor in connection with her pregnancy, if they may not be carried out outside working hours. The employee retains her right to remuneration for her absences from work for that reason.

Pregnant and breastfeeding women must not carry out work which is onerous, hazardous or harmful to health, which may adversely affect their health, pregnancy or breastfeeding.

Pregnant employees unconditionally must not be employed:

• overtime,

• at night.

Pregnant employees must not be, without their consent:

• posted outside their permanent place of work,

• employed in an intermittent working time system.

Protection of work in connection with childcare

An employee caring for a child until the age of 4 may not be employed without their consent:

• overtime,

• at night,

• in a system of intermittent work,

• posted outside the permanent place of work.

If both parents or guardians of a child are employed, only one of them may exercise the aforementioned rights. In such circumstances, the parents or guardians of the child should agree on which of them will benefit from the aforementioned right. They should then submit the appropriate declarations to their employers, i.e. regarding their intention to use this right or not.

In working time systems in which the use of extended daily working time of more than 8 hours is permitted (e.g. up to 12 or 16 or 24 hours), the working time of pregnant employees may not exceed 8 hours. This limitation also applies to employees looking after children up to the age of 4 without their consent. The employee retains the right to remuneration for time not worked as a result of reduction of their working time for that reason.

An employee raising at least one child aged up to 14 is entitled to an exemption from work in the amount of 16 hours or 2 days in the course of a calendar year, while they retain the right to remuneration.

The employee decides on the manner of use of the exemption in a given calendar year in the first application for granting such an exemption submitted in the relevant calendar year.

Dismissal prohibitions

The employer may not give notice of termination or terminate the contract of employment during pregnancy as well as maternity, parental, paternity and childcare leave. This is possible in exceptional cases, specified in the provisions of the labour law (e.g. in the event of declaration of bankruptcy or winding-up of the employer).

In the case of a fixed-term contract of employment or a contract of employment concluded for a probationary period of more than 1 month, which would be terminated after the lapse of the third month of pregnancy, the contract is extended until the date of childbirth. However, such an extension does not apply to a fixed-term contract of employment concluded for the purpose of substituting an employee during their justified absence from work.

Leave associated with childbirth and raising a child

In the event of childbirth, employees are entitled to leave associated with childcare.

The rights associated with childcare may be exercised by the parents if they are employees.

Leave associated with childcare includes:

1. maternity leave or leave granted on terms of a maternity leave (in case of an adoption), in the amount of:

1. 20 weeks – in the case of birth of one child or in the case of adoption of one child,

2. 31 to 37 weeks – in the case of multiple births or in the case of simultaneous adoption of more than one child;

2. parental leave of up to 32 or 34 weeks, granted no later than by the end of the calendar year in which the child reaches the age of 6 years;

3. paternity leave of up to 2 weeks (granted no later than until the child reaches 24 months of age or until 24 months after the date on which the decision of the adoption of the child becomes final and valid, and no later than until the child reaches the age of 7 years. In the case of a child for whom a decision has been taken to postpone the compulsory school attendance, granted no later than until the child reaches the age of 10 years.);

4. childcare leave of up to 36 months, granted for a period no longer than until the end of the calendar year in which the child reaches the age of 6 years; 'additional' childcare leave of up to 36 months may be granted for a child with a disability and it may be used no longer than until the child reaches the age of 18 years.

Maternity leave and leave granted on terms of a maternity leave 

This is compulsory leave, which is due to any employee who has given birth to a child regardless of the type of contract of employment on the basis of which she is employed.

Duration of leave

The duration of maternity leave depends on the number of children born at one birth and is as follows:

• • 20 weeks – in the case of birth of one child;

  • 31 weeks – in the case of birth of two children;

  • 33 weeks – in the case of birth of three children;

  • 35 weeks – in the case of birth of four children;

  • 37 weeks – in the case of birth of five and more children.

The employee may use up to 6 weeks of maternity leave before the expected date of childbirth.

If the employee has not taken maternity leave before the childbirth, the maternity leave begins on the day of childbirth.

After giving birth, the mother must use 14 weeks of leave on a compulsory basis. She may resign from the remaining 6 weeks of leave and return to work provided that:

• the remaining portion of the maternity leave will be used by an employee – the father bringing up the child; or

• for a period corresponding to the period left until the end of the maternity leave, the child will be personally cared for by an insured person – the father of the child, who interrupted his gainful activity in order to take care of the child.

In that case, the employee submits a written request to the employer regarding her resignation from the portion of the maternity leave at least 7 days before starting work. The employer is obliged to take account of the employee’s request.

The Labour Code also regulates special cases, such as: the mother or child’s stay in hospital or other medical establishment, the death of the child or mother, abandonment of the child by the mother, her inability to live independently and taking up work by the mother if she was not covered by social insurance in the event of sickness and maternity. In those circumstances, it is possible for a portion of the maternity leave to be used by an employee – the child’s father or an employee – other immediate family member, and in some cases, by the insured person – the child’s father or the insured person – other immediate family member.

The employer admits the employee to work on the previously held position after the end of maternity leave, leave granted on terms of a maternity leave, parental leave and paternity leave. Where this is not possible – it admits them to work on a position equivalent to that occupied before taking the leave or another position corresponding to their professional qualifications, in exchange for remuneration for work which they would receive if they had not taken any leave.

Leave on terms of a maternity leave is granted to employees who:

• adopted a child and applied to the guardianship court to initiate proceedings on the adoption of the child; or

• took a child in to be brought up as a foster family, with the exception of a professional foster family.

Maternity allowance

For the period of maternity leave and leave granted on terms of a maternity leave, maternity allowance of 100% of the allowance basis is payable.

The maternity allowance for the entire duration of both leaves is equal to 80% of the basis where:

• the employee submits, no later than 21 days after giving birth, a written request for full-time parental leave after the maternity leave,

• the employee submits, no later than 21 days after the child is adopted and an application was submitted to the court for initiation of proceedings on the adoption of the child or after the child is taken in to be brought up as a foster family, a written request for full-time parental leave to be granted after the leave granted on terms of a maternity leave.

Parental leave

Parental leave, regardless of which parent of the child uses it, is granted upon a written request for such leave from the employee, submitted to the employer. The application for parental leave is binding on the employer.

Eligibility for parental leave is conditional upon the following:

• earlier use of maternity leave (leave granted on terms of a maternity leave); or

• ending collection of maternity allowance for a period corresponding to the period of maternity leave (leave granted on terms of a maternity leave).

Duration

Parental leave is set at the maximum length of up to 32 weeks upon birth of one child and up to 34 weeks upon birth of more than one child simultaneously.

 Parental leave may be taken:

• in its entirety by one of the employees – parents,

• simultaneously by both employees – parents. In such a case, the periods of use of such leave by the female employee and the employee – father are aggregated and must not exceed 32 weeks per child. In the case of simultaneous birth of more than one child, they may not exceed 34 weeks.

• interchangeably between both parents, who share the 32 weeks between them.

Parental leave may be requested from the employer on the basis of:

• a ‘long request’ for granting full-length parental leave immediately after the maternity leave, which is submitted no later than 21 days after childbirth;

• separate requests for granting all or a part of parental leave, submitted at least 21 days before commencement of the leave or any part thereof.

Use of parental leave

Parental leave may be used on a one-off basis or in no more than in 4 parts, one directly following another one.

Parental leave of up to 16 weeks may be used within a time frame that does not immediately follow the previous part of the leave. The number of parts of parental leave used in this manner (one or two parts) reduces the number of parts in which the childcare leave may be used (from five to four or three parts, respectively).

Parental leave may be used no later than until the end of the calendar year in which the child reaches the age of 6.

As a rule, a part of parental leave may not be shorter than 8 weeks. Exceptionally, the first part may be of 6 weeks long and the last part of leave remaining for use may be less than 8 weeks. The parts of the leave must be a multiple of a week.

Combining parental leave with work

An employee may combine the use of parental leave with the performance of work for the employer granting this leave, with the performance of work being limited to no more than a half of full-time working hours. In such a case, parental leave is granted for the remaining part of the working time.

The employer is obliged to accept the employee’s request unless it is not possible due to the work organisation or the type of work performed by the employee. The employer informs the employee in writing about the grounds for refusal.

However, after proportional extension, the maximum duration of the leave may not exceed:

• 64 weeks – in the case of birth of one child or adoption of one child;

• 68 weeks – in the case of birth of two or more children or at the same time or adopting more than one child at the same time.

Maternity allowance

The maternity allowance for the period of parental leave is equal to 100% of the allowance basis for the period of up to:

• 6 weeks of parental leave – in the case of birth of one child and adoption of one child;

• 8 weeks of parental leave – in the case of birth of two or more children and in the case of simultaneous adoption of two or more children;

• 3 weeks of parental leave – in the case of adoption of a child, where the insured person is entitled to maternity allowance for a period corresponding to the period of leave on terms of a maternity leave of the minimum duration of 9 weeks.

The maternity allowance for the period of parental leave after the above periods amounts to 60% of the allowance basis.

The employer admits the employee to work on their previous position after the end of the parental leave. Where this is not possible – it admits them to work on a position equivalent to that occupied before taking the leave or another position corresponding to their professional qualifications, in exchange for remuneration for work which they would receive if they had not taken any leave.

 

Paternity leave

The right to paternity leave is the sole and autonomous right of the father, independent of the rights of the child’s mother. It also applies where the mother is not an employee and may not take a leave relating to the birth of the child.

Duration

An employee – a father raising a child is entitled to paternity leave of up to 2 weeks, but no longer than:

• until the child reaches the age of 24 months; or

• until 24 months have elapsed since the date on which the ruling on the adoption takes effect, no longer, however, than until the child reaches the age of 7. In the case of a child for whom a decision has been taken to postpone the compulsory school attendance, no later than until the child reaches the age of 10 years.

Paternity leave may be used on a one-off basis or in no more than 2 parts, neither of which may be shorter than one week.

Application of provisions on maternity leave

The relevant regulations concerning maternity leave apply respectively to paternity leave.

Maternity allowance

The maternity allowance for the period of paternity leave is equal to 100% of the allowance basis.

Childcare leave

Childcare leave for the purpose of taking care of a child is granted to an employee who has been employed for at least 6 months. Previous periods of work are also included in this employment period.

During the childcare leave, the rights and obligations of the parties are suspended. However, the period of childcare leave, on the date of its completion, counts towards the period of employment on which the employee rights are dependent.

Duration

The duration of childcare leave is a maximum of 36 months.

Apart from the basic duration of childcare leave 'additional' childcare leave may be granted for up to 36 months. That leave is granted where, due to the health condition confirmed by a disability certificate or certificate confirming the degree of disability, the child requires personal care of the employee. It may be granted for no longer than until the child reaches the age of 18 years. This leave is independent of the basic childcare leave.

Within the framework of the 36-month childcare leave, 1 month is allocated exclusively for the other parent, e.g. the mother is on leave for 35 months and the father is on leave for 1 month or vice versa. This right may not be transferred to the other parent or guardian of the child.

Use of childcare leave

Childcare leave is granted in no more than 5 parts. The number of parts of leave is determined on the basis of the number of submitted applications for leave.

Childcare leave is granted for a period no longer than until the end of the calendar year in which the child reaches the age of 6 years. However, in the case of childcare leave for taking care of a child with disabilities – until the child reaches the age of 18.

Combining childcare leave with work

During childcare leave, the employee is entitled to take up gainful employment with the previous or other employer, as well as other activity, education or training, if this does not exclude the possibility of taking personal care of the child.

An employee who is entitled to childcare leave may submit a written request to the employer to reduce their working hours to no less than a half of full-time during the period when they are entitled to use such leave. The employer is required to accept the employee’s request.

Protection of employees using childcare leave

The employer may not terminate the contract of employment from the date on which the employee entitled to childcare leave submits a request for:

• the granting of childcare leave – until the end of that leave;

• reduction of working time – until the date of return to non-reduced working time, but for no longer than a total of 12 months.

Termination of the contract by the employer is permissible only in the event of declaration of insolvency or liquidation of the employer, and if there are reasons justifying termination of the contract of employment without notice for reasons attributable to the employee.

After return from childcare leave, the employer admits the employee to work on the previous position. Where this is not possible, it admits them to work on a position equivalent to that occupied before taking the leave or another position corresponding to their professional qualifications. At the same time, their remuneration may not be lower than the remuneration for work to which the employee is entitled on the date of taking up the post occupied before that leave.

Supervision and monitoring of compliance with the labour law

The National Labour Inspectorate and the social labour inspectorate are entitled to supervise and control compliance with the labour law, in particular the rules and principles of occupational health and safety, as well as the rules on the legality of employment and other paid jobs.

The employee and the person employed on the basis of a civil contract (in the respect of occupational health and safety and minimum hourly wage) may apply to the National Labour Inspectorate for advice or to lodge a complaint against the employer or entrepreneur (other organisational unit).

 

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