Scope of regulation: who and what is subject to labor law
Polish labor law is a system of regulations defining the relationship between employers and employees. The main normative document is the Labor Code Poland , which specifies the obligations and rights of the parties to an employment relationship.
These provisions apply to individuals working under an employment contract under Polish law, not to individuals collaborating under civil law (contract of mandate, contract for specific work).
Interestingly, Polish labor law in the interwar period introduced mechanisms to protect employees, especially regarding safety and first-time leave. recreational.
Employment contracts and forms of employment - basic differences
According to the regulations governing employment contracts in Poland, there are three basic types of contracts:
- trial period contract
- fixed-term contract
- indefinite-term contract
Each type has its own rules solutions and a different level of protection. An employment contract provides extensive guarantees—the right to leave, protection against dismissal, and access to social security. Civil law contracts, on the other hand, do not cover Polish labor law leave regarding leave and sick leave. Its results in limited employee rights.
Working time, overtime, and settlement systems
Employee rights and obligations in Poland include compliance with working hours—the standard is 8 hours per day and 40 hours per week for a five-day workweek.
Extra working hours are only permitted in special circumstances and require financial compensation or time off. The Polish Labor Code also allows flexible solutions, such as task-based, balanced, or weekend work. Employers must keep records of working time, and employees should have access to full information about the company's policies.
Employee Leave - Vacation Entitlement, Planning, and Compensation
Polish labor law guarantees every employee the right to paid vacation time. The length of leave depends on length of service and is as follows:
- 20 days—for less than 10 years of service,
- 26 days—for more than 10 years of service.
Leave should be agreed upon with the supervisor, and if not used, a cash equivalent is due. Labor law also provides for additional days off, e.g., for training or important life events. Nowadays, flexible forms of vacation planning are increasingly used, combining work and family responsibilities.
Leave of absence and other entitlements (paid leave, childcare, force majeure)
In addition to labor law leave and sick leave , employees are entitled to other types of time off, including:
- Days off for weddings, births, or funerals,
- Days allocated for the care of a child under 14,
- Time off in emergency situations related to force majeure.
In this area, the rights of the employer and the employee should be balanced--the employer must consider the dismissal, and the employee is obligated to properly report and document it.
Termination of the employment relationship and employee protection during dismissals
Employment contracts regulations Poland of terminating employment: by mutual agreement of the parties, byor immediately (disciplinary).
Special protection applies to, among others, pregnant women, employees of pre-retirement age, and individuals on maternity leave. The Polish Labor Code requires employers to indicate the reasons for terminating a contract concluded for an indefinite period.
Termination of the employment relationship and employee protection during layoffs
Labor law specifies the rules for terminating an employment relationship. It can occur by mutual consent, by notice, or immediately (disciplinary).
Employees are entitled to protection against dismissal in special situations – for example, pregnant women, those approaching retirement age, or employees on maternity leave. The Polish Labor Code also imposes on employers the obligation to justify the termination of an indefinite-term contract.
In the event of a violation of the regulations, an employee may defend their interests before the National Labor Inspectorate or in a labor court. Trade unions and organizations specializing in the protection of employee rights provide additional support, labor law consultation in Poland . To increase your chances of success in a dispute, it's worth collecting documents—contracts, attendance records, and correspondence. Increasingly, you can also take advantage of free consultations at legal counseling centers, available to both employees and employers.
FAQ – Frequently Asked Questions
Question
What employment contracts are most commonly used in Poland?
Answer
The most commonly used are probationary period contracts, fixed-term contracts, and open-ended contracts. Each of them provides different rights and protections, but all guarantee leave, insurance, and protection under the Labor Code.
Question
How many days of annual leave are employees entitled to in Poland?
Answer
The amount of leave depends on length of service: 20 days per year for employees with less than 10 years of experience and 26 days for those with more than 10 years of experience. Vacation time is paid and mandatory, in accordance with the Labor Code.
Question
Can an employee take vacation time on demand?
Answer
Yes, Polish labor law provides for 4 days of vacation time on demand per calendar year. An employee can request it no later than the day their leave begins, and the employer is obligated to grant it, provided it does not jeopardize the company's operations.
Question
What types of leave from work are provided for under Polish labor law?
Answer
Employees can take advantage of special leave (wedding, birth of a child, funeral), childcare leave, and leave due to force majeure. In most cases, they are paid and protect employee rights.
Question
What are the rules for terminating an employment contract in Poland?
Answer
A contract can be terminated by mutual consent, by notice, or by disciplinary action. The Labor Code requires notice periods and, in some cases, justification for the employer's decision, especially in the case of an open-ended contract.
Question
What protective rights do employees in Poland have?
Answer
Employees are protected against dismissal during pregnancy, maternity leave, or pre-retirement, among other things. Polish labor law also guarantees the right to safe employment conditions and prohibits discrimination in the workplace.