How to formalize an employment contract in Poland?
The employment contract is the main and mandatory document for legal work in Poland. Without this document, employment is considered illegal and may result in fines for both the employer and the employee. Many employers, especially for foreigners, may offer civil-law contracts (umowa cywilnoprawna), however, the employment contract provides full social protection, including paid vacation, sick leave, maternity leave, and state-funded healthcare.
The employment contract offers employees a range of benefits, such as official work experience, guaranteed paid vacations, and a stable minimum wage. Before agreeing to work, it is important to check whether the employment contract is being signed, as it guarantees your rights and welfare.
What is an employment contract?
An employment contract (umowa o pracę) is an agreement between an employee and an employer that outlines rights, obligations, and working conditions. It is the main document that regulates labor relations and provides social protection for the employee, including:
- Paid vacation: The employment contract guarantees the right to annual paid vacation. This is important for maintaining health and restoring energy.
- Sick leave benefits: An employee working under an employment contract has the right to receive sick leave benefits in case of temporary incapacity to work.
- Maternity leave benefits: In case of pregnancy and childbirth, the employee is entitled to benefits and guarantees ensuring their legal safety.
- Healthcare: Under the employment contract, the employee has access to free medical services through the state healthcare system.
How to formalize an employment contract?
Formalizing an employment contract in Poland involves several key stages. Here are the important points to pay attention to when signing an employment contract:
- Working conditions: The employment contract should clearly define the working conditions, the employee's duties, working hours, and location. It is important to agree on all details in advance.
- Salary: The contract should specify the amount of salary and the method of payment. Payment is usually made to the employee’s bank account.
- Work experience: The employment contract provides for work experience, which is important for pension payments and other social guarantees.
- Termination conditions: The contract should specify the conditions for termination, including the grounds and procedure if either party wishes to end the employment relationship.
Frequently Asked Questions and Answers
Question
Why is it important to sign an employment contract?
Answer
The employment contract guarantees your social protection, including the right to vacation, sick leave, a stable wage level, and access to medical services. Furthermore, only with an employment contract can you have official work experience for your pension.
Question
How can I check if the contract is an employment contract?
Answer
Check if the contract includes terms for pay, vacation, sick leave, and other social guarantees. All of these elements are mandatory for an employment contract. If these terms are absent, it may be a civil-law contract.
Question
Can I work without an employment contract?
Answer
Working without an employment contract in Poland is illegal. This can lead to serious legal consequences for both parties. It is recommended to always sign an official employment contract to protect your rights.
Icons for convenience
Documents: The employment contract must be signed by both parties and contain clear terms.
Notification: In case of termination, a written notice of dismissal must be submitted.
Social protection: The employment contract guarantees social protection for workers in the form of vacation, sick leave, and other benefits.
Formalizing an employment contract in Poland is an important step for every employee. It not only ensures legal employment but also provides numerous benefits related to social guarantees. If you have any questions regarding the employment contract or need legal advice, feel free to contact lawyers for assistance.
