Polish labor law in a nutshell: key aspects that every employer must know

Polish labor law is not only a set of obligations for employees but also an important tool for employers to help manage human resources effectively and minimize legal risks.

Here are the key aspects that every employer should be familiar with:

1. Employment contracts – types and requirements

• Types of contracts: Employers can choose from several types of contracts: fixed-term, indefinite-term, and probationary period contracts. Each type of contract comes with different obligations and rights.
• Mandatory elements: Every employment contract should include basic information such as the parties involved, type of work, place of work, remuneration, working hours, and the start date.

2. Working hours

• Working time norms: According to polish regulations, working time should not exceed 8 hours per day and 40 hours per week in a five-day workweek system.
• Working time systems and schedules: There are different working time systems that can be applied, such as equivalent, task-based, or interrupted working time. Each system has its specific requirements and limitations.
• Overtime: Employers are obliged to compensate employees for overtime work with additional pay or time off.

3. Remuneration and benefits

• Minimum wage: Every employer must ensure that their employees receive at least the minimum wage, which is updated annually.
• Salary components: Remuneration can consist of various elements, such as base salary, bonuses, overtime pay, and other benefits.
• Deductions from salary: Employers are allowed to make deductions from salaries only in specific situations and within legally established limits.

4. Employee leave

• Annual leave: Every employee is entitled to annual paid leave. The amount of leave depends on the length of service – from 20 to 26 days per year.
• Special leave: Employees are also entitled to other types of leave, such as maternity leave, parental leave, or leave on demand.
• Planning: Employers should appropriately plan employee leave, considering both the employee’s needs and the requirements of the workplace.

5. Occupational health and safety

• Employer’s responsibilities: Employers are required to provide safe and hygienic working conditions. This includes organizing OHS (Occupational Health and Safety) training, providing appropriate protective equipment, and monitoring compliance with OHS regulations.
• Risk assessment: Employers must conduct risk assessments and take measures to prevent workplace accidents and occupational diseases.

6. Terminating employment contracts

• Notice periods: The length of the notice period depends on the length of service and the type of contract. For indefinite-term contracts, the notice period ranges from 2 weeks to 3 months.
• Termination procedures: Employers must follow appropriate procedures when terminating an employment contract, including justifying the termination and consulting with trade unions in the case of protected employees.
• Severance payments: In certain cases, such as collective redundancies, employers are obliged to pay severance.

7. Equal treatment and non-discrimination

• Equality in employment: Employers must ensure equal treatment of all employees regardless of gender, age, disability, race, religion, or other characteristics.
• Preventing mobbing and discrimination: Employers are obliged to prevent mobbing in the workplace and take appropriate measures, such as introducing an anti- mobbing policy or organizing training.

8. Employee documentation

• Maintaining employee records: Employers must maintain personal files for each employee, containing documents related to the establishment, course, and termination of the employment relationship.
• Storage and protection of data: Employers are required to comply with data protection regulations, including the proper storage of employee documentation for the legally required period.

Familiarity with these key aspects of polish labor law allows employers to manage their teams effectively and in accordance with the law, minimizing legal risks and building positive relationships with employees.

Author:
Paula Staszak-Urbańska, LL.M., Trainee attorney-at-law (PL)