Employment contract in Poland – types, terms of validity and notice periods

A foreigner planning to take up employment in Poland receives a draft employment contract in Poland, which is the basic document regulating the rights and obligations of the employee and the employer. Like most contracts in the Polish legal system, an employment contract is subject to negotiation between the parties – the employer and the employee. One of the most important elements to negotiate is the type of contract, as in practice it directly affects the stability of a foreigner’s employment in Poland and their legal security.

What are the types of employment contracts in Poland?

Polish labour law does not give the parties complete freedom in choosing the type of contract. According to the provisions of the Polish Labour Code, the catalogue of employment contracts is closed. This means that every employment contract operating in Polish legal transactions must correspond to one of the types specified in the regulations, regardless of whether the employee is a foreigner or a person with Polish citizenship. Pursuant to Article 25 § 1 of the Polish Labour Code, there are three basic types of employment contracts:

–    probationary period employment contract,

–    fixed-term employment contract,

–    permanent employment contract.

Each of the above types of employment contracts serves a slightly different function and is associated with a different level of job stability. From the perspective of a foreigner, especially if they are planning a longer stay in Poland or permanent relocation, it is particularly important to note that the in Poland type of contract is directly related to its duration and notice period.

The term of validity should be understood as the period during which the contract formally regulates the employment relationship between the employee and the employer, from the moment of its conclusion to the moment of its termination, regardless of whether the termination occurs at the end of the term, with notice or by mutual agreement.

In Polish law, however, the notice period is the time between one of the parties submitting a statement of termination of the employment contract and the actual termination of the employment relationship. During this period, the employment relationship generally continues, and the employee retains their basic rights and obligations under the employment contract, including the right to remuneration. In practice, this means that the longer the notice period for termination of an employment contract in Poland, the greater the security for the employee. A longer notice period gives more time to find new employment and to prepare for the end of cooperation with the current employer. This is particularly important for foreigners, as job stability is often directly related to their residence status and the possibility of continuing to work legally in Poland.

Probationary employment contract

From a foreigner’s perspective, the least favourable option is certainly a probationary employment contract. The main purpose of this type of contract is to verify the employee’s qualifications and suitability for a specific type of work.

How long can a probationary employment contract last?

In accordance with the provisions of the Polish Labour Code, a probationary employment contract may be concluded for a maximum of:

– 1 month – if the employer intends to subsequently conclude a fixed-term contract for less than 6 months,

– 2 months – if the planned fixed-term contract is to last at least 6 months but less than 12 months,

– 3 months – in other cases.

The parties may also extend the probationary period once by a maximum of 1 month if justified by the nature of the work performed.

Does a probationary employment contract guarantee continued employment?

However, it is clear at first glance that, from a foreigner’s perspective, this type of contract offers a relatively low level of job security. This is because the probationary period is transitional in nature and serves primarily to verify whether the employee should be hired on a longer-term basis. In practice, this means that an employee hired on a probationary contract has no guarantee of continued employment after its expiry. This may be particularly important for foreigners, as job stability is often linked to their residence status and the possibility of continuing to work legally in Poland.

Importantly, Polish labour law doctrine emphasises that it is unacceptable to conclude probationary contracts if the employer does not intend or at least does not consider further employment of the employee, or if the probationary period is irrelevant, which may be the case if the person has previously been employed as a temporary worker (A. Sobczyk, Probationary period contract from 2016, pp. 25-26). Consequently, a probationary employment contract should not be used as an instrument to circumvent Polish labour law provisions or as a form of short-term employment with no real prospect of continued cooperation. Its function is to actually verify the employee’s suitability for a specific job and to make a decision on possible further employment.

In practice, however, it may be difficult or even impossible to distinguish whether the conclusion of a probationary contract actually serves to reliably assess the suitability of an employee or whether it is used as a means of circumventing Polish labour law provisions. Therefore, we recommend negotiating a probationary period contract in such a way as to clearly define the objectives of the employment, its duration and the conditions for its possible conversion into a fixed-term or indefinite contract, so as to provide the employee with a realistic prospect of further cooperation and employment stability.

Fixed-term employment contract

The second type of contract provided for by the Polish Labour Code is a fixed-term employment contract. Its characteristic feature is that the parties determine the duration of the employment relationship in advance.

In practice, this means that an employment relationship established on the basis of such a contract has a predetermined end date. This date may be specified by a specific calendar date (e.g. 31 December 2026) or by a specific period of time, e.g. 12 or 24 months. As a result, the contract is not automatically extended and the employment relationship is terminated at the end of the agreed term without the need for any additional statements by either party. Of course, the contract may always be terminated earlier if both parties agree or if the contract is terminated without notice (so-called disciplinary dismissal).

However, Polish law introduces significant restrictions on the use of fixed-term contracts. The total period of employment under such contracts between the same employee and employer:

–    may not exceed 33 months,

–    and the total number of contracts may not exceed three.

In practice, this means that an employer cannot indefinitely extend employment based on successive fixed-term employment contracts. If any of the above limits are exceeded, the employment relationship will automatically be converted into a permanent contract, as discussed later in this publication.

A practical example from Polish case law:

“It is unacceptable to conclude a long-term fixed-term employment contract with a clause providing for early termination with two weeks’ notice, unless otherwise provided for by Polish labour law or the nature of the contract for the performance of tasks specified in time, or if, for other reasons, this does not violate the justified and compatible interests of both parties to the employment relationship. If the conclusion of a fixed-term employment contract was inadmissible, the employment relationship is subject to the provisions of Polish labour law on permanent contracts” (Polish Supreme Court judgment of 25 October 2007, ref. no. II PK 49/07).

What steps should be taken if the employer refuses to conclude a contract for an indefinite period despite exceeding the limit of 33 months or three contracts?

If an employee has exceeded the statutory limits for fixed-term employment (33 months or three contracts) and the employer still offers another fixed-term contract, then, in accordance with labour law, such a contract automatically becomes a contract for an indefinite period. In practice, this means that the actual nature of the employment relationship is more important than the contractual provisions. It is worth noting that, in our experience, foreigners are often unaware that Polish labour law protects them in such situations.

In such a situation, the employee, regardless of whether they are a Polish citizen or a foreigner, may take the following actions:

• First of all, send a written request to the employer to correct the content of the contract and confirm that the employment relationship is permanent, i.e. the parties have concluded an employment contract for an indefinite period.

If the action specified in point 1 does not produce results:

• report the matter to the National Labour Inspectorate (PIP) and
• apply to the labour court, requesting that the employment be determined to be based on a contract for an indefinite period.

When calculating the 33-month limit, is it important that there was a break between successive fixed-term employment contracts with the same employer?

If an employee is re-employed by the same employer on the basis of a fixed-term employment contract, the length of the break between the end of the previous contract and the conclusion of the new contract is irrelevant. This is because a break in employment does not ‘reset’ the limits on the number or total duration of fixed-term contracts. The statutory restrictions remain the same.

However, the situation is different when an employee is employed by several different employers. In this type of scenario, fixed-term employment contracts concluded with other employers are not subject to ‘aggregation’. This means that the limits apply only to the relationship between the same employer and the same employee, and each separate employment relationship with another employer is assessed independently.

What is the notice period for a fixed-term employment contract?

The notice period for a fixed-term employment contract under Polish law depends on the length of employment with a given employer and is as follows:

–    2 weeks if the employee has been employed for less than 6 months;

–    1 month if the employee has been employed for at least 6 months;

–    3 months if the employee has been employed for at least 3 years.

Of course, as with any employment contract, a fixed-term employment contract may be terminated earlier by mutual agreement of the parties. In this case, the statutory notice periods do not apply, as the parties themselves agree on the date of termination of cooperation. Of course, this type of agreement may include additional arrangements, e.g. severance pay, holiday pay or other benefits due to the employee.

When does the notice period for an employment contract begin and end?

The notice period begins on the first calendar day of the month following the month in which the notice was given and ends on the last day of the month. This period is counted in full months, regardless of the number of days in each month (28, 29, 30 or 31 days).

In an example situation, if an employee employed on the basis of a fixed-term employment contract submits a notice of termination, the notice period will begin on 1 May and end on 31 May.

In practice, therefore, employees often submit their notice on the last day of the month so that the notice period begins on the first day of the following month and runs for full months. This minimises ‘lost days’ and makes it easier to plan the final date of employment.

Permanent employment contract

What type of employment contract is best to sign in Poland? The most stable and, from the employee’s point of view (both Polish citizens and foreigners employed in Poland), the safest form of employment is a permanent employment contract. Its basic feature is that the parties do not specify the end date of the employment relationship in advance, but only its beginning. Such a contract lasts until it is terminated by one of the parties or terminated by mutual agreement.

For this reason, a permanent employment contract is often referred to as a ‘permanent contract’, and case law regularly points to the stability of the employment relationship and the protection of its permanence as the purpose of concluding a permanent contract.

Importantly, the law does not impose any restrictions on the use of permanent employment contracts. They may be concluded in all situations where subordinate work is performed, unless specific provisions provide for a different basis for employment (A. Sobczyk (ed.), Labour Code. Commentary, 7th edition, 2025). In the vast majority of cases, this will therefore be possible. Consequently, even if a foreigner has never worked in Poland before, it is possible to employ them immediately on the basis of a permanent employment contract. This is because Polish labour law does not impose an obligation to first conclude a probationary period contract or a fixed-term contract. The decision in this regard rests solely with the parties to the employment relationship.

From the employee’s point of view, especially a foreigner planning a longer stay in Poland, a permanent employment contract seems to be the most stable form of employment, as it provides the highest level of protection for the continuity of the employment relationship and provides for longer notice periods.

The notice period for a permanent employment contract under Polish law remains the same as for a fixed-term contract, i.e. it depends on the length of employment with a given employer and is as follows:

• 2 weeks if the employee has been employed for less than 6 months;
• 1 month if the employee has been employed for at least 6 months;
• 3 months if the employee has been employed for at least 3 years.

The rules described above regarding the commencement of the notice period are the same for both fixed-term and indefinite contracts.

Negotiating an employment contract in Poland as a foreigner

In the Polish legal system, a permanent employment contract provides the greatest legal security. It therefore seems that foreigners who want to be employed in Poland should aim to conclude this type of contract when negotiating with their future employer.

However, if the employer does not agree to conclude an indefinite employment contract immediately, it is worth considering a compromise: negotiating a trial or short-term contract, with the proviso that it will be converted into an indefinite contract once certain conditions have been met. Of course, during the negotiations, it is also worth discussing additional employment-related issues, such as bonuses, flexible working hours or the possibility of remote work, training and professional courses, as well as the issue of overtime. However, it is crucial that all arrangements are reflected in the content of the contract.

Summary

In the Polish legal system, a foreigner planning to take up employment receives a draft employment contract, which is the basic document regulating rights and obligations in the employment relationship. The choice of contract type is crucial for the stability of employment and the legal security of the employee.