Individual employment contract in Poland
The employer must provide a written confirmation of the type of contract and its terms to its employees, before the date on which the employees start work, under penalty of a fine.
The following information must be contained in the employment contract:
– The date of the beginning of the work;
– typology of employment contracts;
– The date of signing the employment contract;
– the contracting parties;
– the type of work;
– the place of work;
– Work schedule.
In addition, an employer must inform employees by specifying in writing:
– restrictions on working hours;
– The payment due dates of the remuneration;
– The right to paid leave;
– the notice period;
– The collective labor agreement covering the employee.
The parties are free to choose the terms of the contract of employment provided that they are not less favorable than those provided for in the Labor Code or other labor legislation. For example, parties may not grant less paid leave than the statutory minimum. If the parties do not agree on specific terms, it is usually the corresponding provisions of the Labor Code that apply.
Types of contract.
There are three types of employment contracts in Poland:
– the contract of the trial period;
– the contract of indefinite duration
– the fixed-term contract.
The last can be concluded only three times, for a maximum period of 33 months in all. If a fourth fixed-term contract is entered into, it will become a contract of indefinite duration with a starting date of the day following the conclusion of the last contract (this rule does not apply to replacements by another employee).
Minimum wage in Poland
The minimum wage is adjusted annually. In 2019, the gross minimum monthly salary for all employees is PLN 2250 (approximately EURE 523 ) or PLN 14.70 per hour.
Standard working time in Poland
Working hours cannot exceed:
– 8 hours a day
– An average of 40 hours per week (five working days per week) for a continuous period not exceeding four months (in some cases this period may be extended to 12 months, notably on the basis of an agreement between the employer and unions or employee representatives);
– 48 hours per week (overtime included).
Employees are entitled to at least 11 consecutive hours of rest per day and 35 consecutive hours of rest once a week. In the case of shift work, this period may be limited in certain circumstances to 24 hours per week. As a general rule, Sunday is a day of rest.
Although employees working shift may be required to work on Sundays, they are entitled to at least one free Sunday every four weeks.
Work exceeding the maximum number of hours permitted or limiting the guaranteed rest period is only permitted if it involves any of the following: the continuation of a rescue operation for the protection of life or health , for the protection of a property or the environment, the response to a particular need of the employer, the repair of a technical failure.
In addition, the following employees must not work overtime:
– Employees who are at workstations where the maximum concentration or exposure permitted to substances harmful to human health has been exceeded;
– Pregnant women and women raising children under 4 years of age (who have not expressly agreed to work overtime);
– Employees under 18 years of age.
Working time restrictions do not generally apply to managers.
General information on annual leave
Employees are entitled to paid annual leave. Annual leave depends on the length of time the employee has worked, or has taken part in other eligible activities (employees are recognized for various educational achievements, such as completion of training continuous equals eight years of work). It is therefore not the seniority with the employer concerned which is taken into account but the total seniority, including the years of university for example.
The annual holidays are:
– 20 days for each calendar year for an employee who has performed up to ten years of activity giving entitlement to leave;
– 26 days if the employee has performed more than ten years of activities giving entitlement.