Forms of Employment - Employment Contract vs. Civil Law Contracts
Everything about working in Poland starts with understanding the basic types of employment. The most important is the employment contract, which provides full protection under the Polish Labor Code—it ensures the right to leave, social benefits, insurance, and stability. An alternative are civil law contracts (contracts of mandate, contracts for specific work), which are not subject to labor law and do not guarantee all benefits. They provide greater flexibility, but limit employee rights and obligations.
Holiday leave - how many days are you entitled to and how is it calculated?
Employee leave in Poland is a right for every full-time employee. The length of leave depends on length of service:
- 20 days per year for less than 10 years of service,
- 26 days per year for more than 10 years of service.
Study time and, in some cases, employment abroad are also included in the employment period. Unused vacation time can be carried forward to the following year, but it must be used by September 30th. In the event of termination of employment, the employee is entitled to a cash payment.
In practice, this right protects the employee from losing their due rest and provides financial compensation if they are unable to take their time off.
Special leaves and short-term leaves (care leave, on request, force majeure)
In addition to vacation leave, employees are entitled to other types of leave. The regulations provide for leave from work, among other things:
- Leave on request-- 4 days per year, requested no later than the start date.
- Carer's leave-- 2 days to care for a loved one requiring support.
- Leave off due to force majeure-- 2 days or 16 hours, paid at half-time.
These short-term entitlements provide flexibility and security in emergency situations. life.
Parental and Maternity Leave--Amounts and Fundamental Rights.
Working in Poland, employee rights are particularly protected by employment contract rules. A woman is entitled to 20 weeks of maternity leave, a father to 2 weeks of paternity leave, and both parents are entitled to parental leave--41 weeks for one child or 43 weeks for multiple pregnancies. Parental leave can be used until the child turns 6. From 2023, part of the leave is reserved exclusively for the father; it supports an equal division of responsibilities within the family. Thanks to this, the leave system in Poland combines parental protection with flexibility and takes into account the changing needs of employees.
Working hours and overtime -- basic principles.
According to the provisions of the Polish Labor Code, the standard working time is 8 hours a day and 40 hours a week. Various payment systems are permitted, such as balanced or task-based. Overtime is possible in exceptional circumstances -- for work above the standard, the employee receives a salary supplement (50% or 100%) or time off. Recording working hours is the employer's responsibility and provides protection for the employee.
Termination of the employment relationship - notice periods and employee protection.
An employment contract may be terminated by mutual consent, by notice, or with immediate effect. The employment contract generally provides for notice periods:
- 2 weeks-- if employed for less than 6 months.
- 1 month-- after at least 6 months.
- 3 months-- after at least 3 years.
Employees are subject to special protection during pregnancy, childbirth, andMaternity leave, paternity leave, and pre-retirement leave. The employer must also justify the termination of an indefinite-term contract, which prevents abuse and strengthens employment stability.
In the event of violations of employee rights and obligations, claims can be brought before the National Labor Inspectorate, in labor courts, or with the support of law firms. It is worth collecting documents—contracts, attendance records, sick leave certificates—which can serve as evidence in proceedings. More and more people are also using free legal advice points available throughout Poland. Thanks to them, employees can respond more quickly to unfair practices and effectively enforce their rights in practice.
Frequently Asked Questions
Questions
How many days of vacation leave are employees entitled to?
Answer
Employees are entitled to 20 days of vacation leave if they have been employed for less than 10 years, and to 26 days if they have been employed for more than 10 years. Vacation time is paid, mandatory, and protected by the Labor Code.
Questions
Can I take leave "on demand" and how do I request it?
Answer
Yes, an employee can take up to 4 days of leave on demand per calendar year. Simply request it no later than the day the vacation begins, e.g., by phone or email. The employer is obligated to provide it in accordance with legal provisions.
Questions
How long are the notice periods for terminating an employment contract?
Answer
The notice period depends on the length of service with a given employer: 2 weeks for less than 6 months, 1 month after at least 6 months of employment, and 3 months after 3 years. All these rules stem from the Labor Code.
Questions
What are the most important parental leaves?
Answer
The most important leave types are maternity leave—20 weeks, paternity leave—2 weeks, and parental leave—up to 41 or 43 weeks. Additionally, parental leave is available until the child turns 6. All leave is protected by law.
Questions
What should I do if my employer refuses to grant me the right to leave/vacation in accordance with the law?
Answer
In the event of refusal, I should report the matter to the National Labor Inspectorate or pursue my rights in a labor court. Documenting your requests and correspondence with your employer will significantly facilitate the effective pursuit of your claims later.
Questions
Can an employer require that leave be taken during the notice period?
Answer
Yes, the regulations allow employers to send an employee on leave during the notice period. Unused leave can also be compensated with a cash equivalent. The decision depends on the employer and applicable law.