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Written Agreements

An employer may not allow a new employee to commence work until they have concluded a written employment contract. Where the conclusion of a contract is not possible, employers must confirm the basic elements of the agreement in writing, such as the parties to the contract, the type of the contract, working conditions, including the amount of remuneration, working time, and workplace. Employers are further required to ensure that a new employee is familiar with the content of the workplace regulations before the commencement of work.

Employers may stipulate in a separate agreement that employees cannot undertake a competitive activity or accept a job offer from a competitor either during employment or for a given period after the termination of the employment. This restriction may only apply to activity directly connected with the employer's activity. During the employment period, the rule may be imposed on all employees. After termination of employment, it may only affect those employees who have had access to trade secrets and confidential information belonging to the employer, the disclosure of which could cause damage to the employer.

Oral Agreements

In Poland, an oral employment contract is considered valid and effective. Where an employment contract is not completed in a written form (i.e., an oral agreement), the employer must provide the employee with written confirmation of the relevant arrangements regarding the type of contract and its terms. Such confirmation must be issued no later than the date of the beginning of employment.

Implied Agreements

Provisions of employment contracts may not be less advantageous to the employee than provisions of binding laws and the employer’s internal labor regulations, work regulations, wage regulations, and collective labor agreements.

As with any other contract in Poland, employment contracts must be performed in good faith.

According to the labor law of Poland, working time may not exceed 8 hours per 24-hour period and an average of 40 hours in an average 5-day workweek measured over a calculation period of 4 months. In agricultural and animal husbandry sectors, and industries that involve guarding property or protecting people, a calculation period of up to 6 months may be used (12 months where it is justified by uncommon organizational or technical conditions affecting the working process).

The weekly working time, combined with overtime, may not exceed an average of 48 hours over the accepted calculation period. Collective agreements may modify these default rules.

The law also provides for remote working. The rules for remote working must be set in an agreement between the employer and the company trade union organization, or in the internal work regulations set by the employer.

1-Jan: New Year’s Day; 6-Jan: Epiphany; Sunday in Spring (movable): Easter Sunday; Monday following Easter Sunday: Easter Monday;1-May: May Day; 3-May: Constitution Day; 7th Sunday after Easter: Pentecost Sunday; 9th Thursday after Easter: Corpus Christi; 15-Aug: Assumption of the Blessed Virgin Mary, 1-Nov: All Saints’ Day, 11-Nov: Independence Day; 25-Dec: Christmas Day; 26-Dec: Second Day of Christmastide.

The Labor Code of Poland sets maximum probationary period at 3 months. Probationary contracts may precede any of the other forms of labor agreements. Employers are permitted to conclude more than 1 probationary contract with the same employer, provided that the employee is carrying out a different type of work. If at least 3 years have elapsed since the termination of an employment contract between the two parties, a probation contract can again be utilized.

Employees employed under fixed-term contracts of less than 6 months can only be subjected to a probationary period of up to 1 month. For a fixed term of less than 12 months but at least 6, employees can only be subjected to a probationary period of up to 2 months.

An employment contract can be terminated only:

• Under a settlement agreement between the parties thereto;
• By a unilateral statement of either party to the employment agreement while preserving the notice period (termination on a notice);
• By a unilateral statement of either party to the employment agreement without keeping the notice period (termination without notice);
• Upon the end of the term for which the employment agreement was concluded.

Notice Period

Poland's Labor Code allows for a notice period in fixed-term, indefinite, and probationary contracts.

Termination notice required during a probationary period is as follows:

• 3 business days for probationary period up to 2 weeks
• 1 week, if probationary period is longer than 2 weeks but under 3 months
• 2 weeks for probationary period of 3 months

Notice period of a fixed-term or indefinite contract depends on the employee's length of service with the employer and is as follows:

• 2 weeks, if the employee has been working for less than 6 months
• 1 month, if the employee has been working between 6 months and 3 years
• 3 months of notice, if the employee has been employed for at least 3 years

Severance Benefits

In Poland, employers are not required to provide severance pay to employees who are terminated, except when the termination is caused by a collective dismissal under the Collective Dismissals Act or by the employee's disability or retirement. In the case of disability or retirement, the severance is equal to one month's salary.

In case of collective dismissals, the amount of the severance payment depends on the duration of the employee's service with the given employer, and is as follows:

• The equivalent of 1 month's salary, if the employee has worked for less than 2 years
• The equivalent of 2 months' salary, if the employee has worked for 2 to 8 years
• The equivalent of 3 months' salary if the employee has worked for more than 8 years

Minimum Wage

The minimum wage is expressed as the minimum monthly payment due to a full-time employee. For part-time employees, the amount is reduced proportionally. The minimum wage law allows a worker to be paid 80% of the minimum wage in the first year of work and 90% of the minimum wage in the second year. The level of minimum wage increases according to the projected global average annual consumer price index.

As of January 1, 2025, the minimum wage is PLN 4,666 per month, and the hourly rate is PLN 30.50.

Salary must be paid at least once a month on a fixed date, no later than the first 10 days of the following calendar month. If the agreed date of payment falls on a holiday, payment must be made on the preceding day.

Overtime, Holiday & Vacation Pay

Per the labor law of Poland, overtime is work carried out beyond the employee's regular working hours. The overtime hours worked by the employee may not exceed 150 hours in a calendar year. Overtime is generally only acceptable in extraordinary situations or based on special employer needs.

In extraordinary circumstances, employees may have to work on weekly rest days and public holidays. The employer must provide an additional work-free day to the employee performing work on Sundays or during public holidays. If the employer fails to do so, the employee must be paid 200% of their regular remuneration for each hour worked.

Annual leave in Poland is fully paid at the employee's regular remuneration rate.

Visas

Poland is part of the Schengen Area, a zone without controls on internal borders, comprising 26 countries. Third-country nationals may enter Poland if they have a valid travel document and a visa (if applicable). Council Regulation (EC) No 539/2001 includes the lists of countries nationals of which must possess valid visas to cross external borders and countries that are exempt from the visa obligation.

Poland offers the following categories of visas:

• Type A (transit) visa - allows a person to travel through Poland (without leaving the transit area of the airport) to another Schengen country. This type is mandatory only for the nationals of certain countries, including Afghanistan, Bangladesh, the Democratic Republic of the Congo, Eritrea, Ethiopia, and Ghana (among others).
• Type C (Schengen) visa or short-term visa - if a person wants to visit Poland for a short period (maximum up to 90 days within six months) and they come from a country, nationals of which are required to have a visa – the Schengen visa is the most convenient.
• Type D (national) visa - for stays of 91 days or more (in one visit or more during a 180-day period), a person must apply for the national visa.

Work Permits

Under Poland's Employment Promotion and Labor Market Institutions Act, employers may hire foreign employees from EU or non-EU countries after receiving a local regulator's (voivode) permit for employment.

The types of work permits are as follows:

• Type A - issued to employees who perform work in Poland based on an employment contract
• Type B - issued to foreigners who work as members of the Management Board of an entity in Poland and remain in the country for a period exceeding 6 months within 12 consecutive months
• Type C - issued to employees who are delegated to work for a branch office or plant of a foreign company in Poland, for more than 30 days in a calendar year
• Type D - for employees sent to Poland for temporary or ad hoc work for a foreign company that does not have a branch office, plant, or business activities in Poland
• Type E - issued to foreign employees sent to Poland to work for a foreign employer, for longer than 3 months in a 6-month period