Vitaliy Kolomiets is an experienced lawyer specializing in assisting with obtaining residence permits and residence cards in Poland. He has in-depth knowledge of Polish law and many years of experience in migration matters. He has over 5 years of experience.
Employee Registration in Poland
When moving to Poland, the need for employment often arises. And if you have opened your own business here, then you also need to register employees who will work for you. This is a mandatory procedure, as you will have to pay a large fine for unregistered employees.
What types of employment arrangements exist in Poland?
- Employment contract. It is the most common form of employment and provides the most protection for the employee.
- Civil law contracts. These contracts are less regulated by labor law and are usually used for specific tasks. These can be a contract for specific work or a contract for the provision of services.
- Self-employment – an individual registers as a sole proprietor and independently provides services to various clients.
- Agency contracts. A contract is signed with an agent who acts on behalf of and under the authority of the principal, receiving compensation for their services.
- Temporary work – agencies provide temporary workers for short-term assignments at other employers.
- Remote work and freelance – it is enough to conclude the appropriate civil law contract.
Each of these forms has its own characteristics and is used depending on the nature of the work, the preferences of the employer and the employee, as well as legal and tax aspects.
Overview of each type of employment arrangement
Next, we will tell you a little about each form separately, so you know which employment contracts in Poland are right for you.
Employment Contract (Umowa o pracę)
An employment contract in Poland is the main form of employment and is regulated by the Labor Code. It provides significant protection and rights for employees.
- For an indefinite period (Umowa na czas nieokreślony). The most stable type of contract. Termination of such a contract requires the employer to provide a justified reason and follow certain procedures, including notice and compensation;
- For a fixed term (Umowa na czas określony). It can be extended, but with certain limitations. After three consecutive fixed-term contracts, the next contract is automatically considered as concluded for an indefinite period;
- For the duration of specific work (Umowa na czas wykonania określonej pracy) – concluded for a specific project or task, and the term of the contract depends on the time required to complete the work.
- For a trial period (Umowa na okres próbny) – concluded for the purpose of checking the employee's qualifications for a period of up to 3 months.
The contract should specify the start date, place of work, employee's duties, working conditions, working hours, duration, rights, and obligations of both parties. The employment contract must be concluded in writing. The employer is obliged to provide the employee with a signed copy of the contract before starting work.
The employment contract can be terminated:
- By mutual agreement – the employee and the employer agree to terminate the contract.
- At the initiative of the employee – the employee can terminate the contract by giving notice (usually 2 weeks for an indefinite contract);
- At the initiative of the employer – the employer can terminate the contract for justified reasons, such as misconduct, poor performance, or company reorganization. In this case, a notice period must be provided (usually from 2 weeks to 3 months, depending on the employee's tenure).
Civil Law Contracts (Umowa cywilnoprawna)
Civil law contracts in Poland are an alternative to employment contracts and are regulated by the Civil Code. They provide more flexible terms of cooperation and are usually used for specific tasks or projects. The main types of such contracts are a contract for specific work (Umowa zlecenie) and a contract for the provision of services (Umowa o dzieło).
- Contract for specific work (Umowa zlecenie) – the most common form of civil law contract concluded between the client and the contractor for specific actions or services.
- Contract for the provision of services (Umowa o dzieło) – concluded to create a specific result or complete a specific task.
The advantages of such contracts are the flexibility of cooperation terms, the possibility of working on several projects at the same time, and a simpler procedure for concluding and terminating the contract. Among the disadvantages are the lack of social guarantees and protection, and the possibility of abuse by clients (e.g., non-payment of compensation).
Civil law contracts must be concluded in writing and clearly indicate the terms of cooperation, scope of work, deadlines, and amount of compensation.
Self-Employment
Self-employment in Poland or individual entrepreneurial activity is a popular form of labor organization that allows a person to work for themselves, provide services, and sell goods without the need to conclude employment or civil law contracts with an employer. This type of activity is regulated by business laws and requires registration in the Central Registration and Information on Business (CEIDG).
Self-employment provides significant freedom and opportunities for implementing business ideas, but it requires a responsible approach to financial management and compliance with legal requirements. For more information about self-employment registration in Poland, you can follow the link: https://consultant.net.pl/uk/posluha/vidkryttia-fop-u-polshchi, as well as order a business consultation service from a lawyer on our marketplace.
Agency Contracts (Umowa agencyjna)
An agency contract (Umowa agencyjna) is a form of civil law contract regulated by the Civil Code of Poland. Under such a contract, the agent (representative) acts on behalf of and at the direction of the principal, providing certain services or performing actions in the interests of the principal. This may include representation in negotiations, sale of goods, conclusion of contracts, and other activities. It is concluded in writing and contains all the main conditions, including a description of the assignment, terms of compensation, duration, and rights and obligations of the parties.
The contract should specify the actions or services the agent must perform on behalf of the principal, the payment terms for the agent's services, the duration of the contract, and the rights and obligations of the parties, including reporting, compliance with instructions, and confidentiality.
Among the advantages of such cooperation: the possibility of involving specialists for specific tasks without the need to include them in the staff, saving time and resources, and the possibility of involving experienced specialists for specific tasks. Among the disadvantages are limited control and the possibility of the agent violating the contract terms or abusing their authority.
The contract can be terminated:
- By mutual agreement of the principal and the agent;
- At the initiative of one of the parties, following the notice terms specified in the contract;
- The contract automatically terminates upon expiration, unless extended;
- Upon violation of the terms by one of the parties.
Temporary Work
Temporary work in Poland represents a form of employment where workers are engaged for short-term projects or temporary tasks. This type of employment is regulated by special labor law provisions and is used to provide flexibility and adapt to seasonal or temporary needs of employers.
This activity is often organized through temporary employment agencies – intermediaries between employers and temporary workers. Agencies handle the selection, hiring, and management of temporary workers for companies in need of additional labor.
For this activity, it is also necessary to conclude a work contract in Poland. This can be an employment contract with an agency (Umowa o pracę tymczasową), where temporary workers conclude an employment contract with the agency, which sends them to work for third parties (users), or a civil law contract concluded with the agency or directly with the employer.
The maximum duration of temporary work for one employer (user) through an agency is 18 months within 36 months. Temporary workers have the right to equal working conditions and compensation compared to permanent employees performing similar functions – the right to paid leave and other social guarantees in accordance with labor law, and the right to protection from discrimination and unacceptable working conditions.
Temporary work contracts automatically terminate upon expiration or completion of a specific task. Early termination of the contract is also possible by mutual agreement or in case of a violation of the contract terms. Temporary work provides flexible opportunities for both workers and employers, but requires careful attention to documentation and legal compliance. For consultation on registering employees for temporary or permanent work, contact the lawyers at the consultant.net.pl marketplace.
Remote Work and Freelance
Remote work and freelance in Poland represent modern forms of labor activity that are becoming increasingly popular due to the development of technology and changing approaches to work organization. Both of these forms allow employees to perform their duties from any location, providing greater flexibility and independence.
Remote workers can conclude a regular employment contract with the employer, in which it is stipulated that the work is performed remotely. They are entitled to leave, sick leave, and other social guarantees just like office employees. The employer is obliged to ensure safe working conditions even if the work is performed remotely.
Freelancing represents a form of self-employment where a person completes orders for various clients, often working on several projects at once. Freelancers usually work under civil law contracts, such as a contract for specific work or a contract for the provision of services, and are required to pay taxes and social security contributions independently.
Why seek the help of a professional lawyer in such a situation
In Poland, as in other EU countries, violations of labor laws are strictly regulated. The mandatory condition is the legal registration of employment relationships with employees or service providers. For detailed consultation, preparation of employment contracts or service contracts, you can always seek the help of lawyers on the consultant.net.pl marketplace. They will arrange everything in accordance with the current legislation and help avoid fines for violations.
