Understanding polish labor contracts

Table of contents

• Types of polish labor contracts
  • Umowa o pracę (Employment Contract)
  • Umowa zlecenie (Civil Law Contract)
  • Umowa o dzieło (Specific Task Contract)
• Key elements of polish labor contracts
• Rights and benefits under polish labor contracts
• Probation periods in polish labor contracts
• How to sign a polish labor contract as an expat
• Terminating your polish labor contract
• Common mistakes expats make regarding polish labor contracts
• Conclusion

Types of polish labor contracts

In Poland, there are several types of labor contracts that an employer can offer. Understanding the differences is crucial for foreign workers to avoid misunderstandings and ensure compliance with Polish labor laws.

Umowa o pracę (Employment Contract)

This is the most common type of contract, offering full employee rights, such as social security contributions, health insurance, and paid vacation. It’s regulated by the Polish Labor Code and provides a stable, long-term employment relationship.

Umowa zlecenie (Civil Law Contract)

Unlike the employment contract, this type of contract does not provide the same level of benefits or job security. It is more flexible and often used for temporary or freelance work. While the employer does not have to pay social security or health insurance, the worker still gets some basic protections.

Umowa o dzieło (Specific Task Contract)

This contract is used for one-time tasks or projects. It offers the least protection compared to the other two, as it’s based on completing a specific task rather than ongoing employment. Social security and health insurance are not typically provided under this contract.

Key elements of polish labor contracts

Regardless of the type of contract, every Polish labor contract should include some key elements:

• Job title and description: Your role and responsibilities should be clearly outlined in the contract.
• Working hours: The standard working week in Poland is 40 hours, but part-time and flexible working arrangements are common.
• Salary and payment schedule: Your gross salary, as well as the payment frequency (typically monthly), must be stated.
• Vacation entitlement: Full-time employees are entitled to 20 or 26 days of paid annual leave, depending on the length of their employment.
• Termination conditions: The contract should also detail the conditions under which the agreement can be terminated, whether by the employee or employer.

Rights and benefits under polish labor contracts

As an expat working in Poland, you are entitled to various rights and benefits under Polish labor law. These include:

• Paid leave: Employees are entitled to annual paid vacation days, typically 20 or 26 days depending on your employment history.
• Sick leave: If you’re sick, you may be eligible for sick leave pay, depending on your contract type.
• Health insurance: If you have an employment contract, you’re automatically enrolled in Poland’s public healthcare system. Freelancers or those on a civil law contract may need to arrange private insurance.
• Social security contributions: These are paid by the employer, and include contributions to pensions, unemployment insurance, and disability insurance.
• Overtime pay: If you’re required to work overtime, you are entitled to additional compensation or time off in lieu.

Probation periods in polish labor contracts

Many Polish labor contracts begin with a probation period. It typically lasts for 3 months. However, it can be extended to 6 months based on your agreement with the employer During this time, both parties have the option to terminate the contract with little notice. However, once the probation period ends, the contract becomes much harder to cancel without a valid reason.

How to sign a polish labor contract as an expat

As an expat, signing a Polish labor contract may seem daunting due to language barriers or unfamiliarity with Polish laws. Here’s how you can make sure you’re signing a contract that works for you:

• Language: Ensure that the contract is written in a language you understand. While most contracts will be in Polish, you can request a translation or a bilingual version. Some employers may provide this.
• Legal Assistance: If you’re unsure about the terms or the legal implications of the contract, it’s a good idea to seek legal advice from an expert in Polish labor law, especially if you’re signing a civil law contract.
• Review Terms: Carefully read through the contract, paying close attention to salary, working hours, and any clauses related to termination. If there’s anything you don’t understand, ask for clarification.

Terminating your polish labor contract

Understanding the process of termination is essential in case your employment situation changes. If you decide to leave, you typically need to give a notice period, which can vary depending on your contract type and the length of your employment. Employers also need to provide justification for terminating your contract, especially if you have an employment contract.

If you are looking for a job in Poland check: job offers in Poland for foreigners

Common mistakes expats make regarding polish labor contracts

• Not understanding the type of contract: Some expats may not realize the differences between employment contracts and civil law contracts. It’s important to know which one you’re signing and what benefits it entitles you to.
• Not checking the contract terms: It’s easy to overlook small details, but even minor clauses can impact your job security and rights.
• Ignoring the probation period: The probation period often comes with different rules and notice periods, so make sure you know what applies during this time.

Conclusion

Understanding Polish labor contracts is crucial for expats. It ensures they know their rights and obligations when working in Poland. Familiarize yourself with the various contract types, benefits, and legal protections. This will help you avoid common pitfalls and enjoy your time working in this beautiful country. If you have any doubts or need assistance, don’t hesitate to seek legal advice to ensure you’re fully informed.

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