Foreign investors employing staff in Poland are often surprised by the level of protection Polish labour law extends to employees. Longer notice periods than in Anglo-Saxon countries, protection against dismissal during pregnancy and leave, mandatory reasons for termination, statutory severance on collective redundancies — these are not exceptions but the standard. Understanding these rules is a prerequisite for effective team management and avoiding costly employment disputes.
Establishing the employment relationship — what must a contract contain?
A Polish employment contract must specify:
- The parties, the type of contract and the date of conclusion.
- The type and place of work.
- Remuneration and working hours.
- The start date.
The employer must provide the employee with written information on the terms and conditions of employment within 7 days of commencing work — including working hours, available leave entitlement and the procedure for terminating the contract.
Working time and annual leave
The standard working time in Poland is 8 hours per day and an average of 40 hours per week within a five-day working week. Total working time, including overtime, may not exceed an average of 48 hours per week. Overtime entitles the employee to a supplement of 50% or 100% of remuneration (depending on when the overtime is worked), or to compensatory time off in lieu.
Employees are entitled to paid annual leave of 20 days per year (for employees with less than 10 years of service) or 26 days per year (for 10 years of service or more). Periods of completed education are included in the length of service — for example, a university degree counts as 8 years of service, which means a graduate with two years of work experience may already be entitled to 26 days; concurrent periods of study and work count only once. Leave must be taken as actual time off — it cannot be replaced by a financial allowance (payment in lieu), except upon termination of employment. Employees may not waive their right to annual leave. Important change: periods of self-employment (JDG), civil law contracts (zlecenie) and work abroad now count towards the general service record — affecting both leave entitlement and notice period length — provided the relevant ZUS contributions are documented. These provisions took effect on 1 January 2026 in the public sector and on 1 May 2026 in the private sector. Employers should verify the seniority of employees who submit the relevant documentation.
There are three types of employment contract: probationary (max. 3 months), fixed-term (max. 33 months in total and a maximum of 3 contracts with the same employer) and open-ended. Exceeding the fixed-term limit automatically converts the contract into an open-ended one.
Notice periods
The length of the notice period depends on the employee’s length of service with the employer:
| Period of service | Notice period | Note |
|---|---|---|
| Less than 6 months | 2 weeks | — |
| 6 months to 3 years | 1 month | Based on service with current employer |
| Over 3 years | 3 months | Most common for key employees |
* Probationary contracts follow separate rules — notice periods are: 3 working days (probationary period up to 2 weeks), 1 week (up to 3 months) or 2 weeks (3-month probationary period), depending on the length of the probationary contract, not the employee’s length of service.
| ⚠️ Note: garden leave and release from the duty to work During the notice period, the employer may release the employee from the duty to work while continuing to pay their salary (so-called garden leave), or direct them to take outstanding leave. The employee may be required to maintain confidentiality and refrain from competitive activity. These arrangements are worth addressing in the employment contract or a termination agreement. |
Employee protection against dismissal in Poland
Polish labour law provides for a number of circumstances in which the employer cannot give notice or must obtain consent from a relevant body. The following are among those with special protection:
- Employees on justified absence (illness, leave and other justified absences) — notice is prohibited for the entire duration of the absence.
- Pregnant employees and those on maternity leave — absolute prohibition on notice and termination without notice (except in cases of the employer’s bankruptcy or liquidation).
- Employees within 4 years of retirement age — notice is prohibited.
- Trade union activists — notice requires the prior consent of the trade union organisation.
- Employees on parental leave — protected for the entire period of leave; on return, the employee has the right to the same or an equivalent position. Note: protection for up to 12 months after return applies only where the employee submits a request to reduce their working time.
Remote and hybrid work
Since 7 April 2023, remote work has been regulated directly in the Labour Code (Articles 67²18–67²31). The employer may order remote work or agree it with the employee — for a fixed period or indefinitely. Employees have the right to request remote work, and the employer may only refuse where there is no technical or organisational possibility. The employer must provide the remote employee with equipment and cover costs of electricity and internet access, or pay a flat-rate allowance (typically PLN 50–200 per month).
Occasional remote work (up to 24 days per year) requires no formal agreement procedure — an employee request suffices. Employers with employees working remotely from abroad should note that working from a foreign location does not change Polish law as the governing law, but may trigger social security and tax obligations in the country from which the employee connects.
Termination of employment in Poland — types and consequences
An employment relationship can be terminated in three ways:
- By mutual agreement — most common and most convenient for both parties.
- By notice — by either party, with the applicable notice period.
- Without notice (disciplinary dismissal) — requires meeting strict statutory criteria.
Disciplinary dismissal (termination without notice due to the employee’s fault) requires meeting strict statutory criteria, such as a severe breach of basic employee duties, commission of a criminal offence, or loss of required qualifications. Unjustified disciplinary dismissal carries the risk of damages claims.
Notice of termination of a fixed-term or open-ended contract by the employer must state a reason — specific, true and justifying the decision. Generic formulations (e.g. “loss of confidence”) without citing specific circumstances are insufficient and can be successfully challenged in court.
Employment dispute realities — what a foreign investor should know
Polish labour courts are heavily backlogged, and claims for unfair dismissal typically take 6–18 months to resolve at first instance. Employees succeed in approximately 60–70% of cases seeking reinstatement or compensation — a figure that surprises most foreign employers. Two distinct remedies are available: compensation for unjustified or unlawful termination (from 2 weeks to 3 months’ salary, but not less than the remuneration for the notice period), or reinstatement — in which case the employee is entitled to pay for the period without work (up to 2 months’ salary, or up to 12 months’ salary for specially protected employees). “Loss of confidence” is accepted by courts but must be supported by specific, documented facts — a generic justification is sufficient grounds for the employee to succeed.
The practical takeaway for foreign investors: any dismissal decision should be preceded by legal analysis, and the grounds should be documented in writing before the termination procedure begins. The cost of legal advice before a dismissal is a fraction of the cost of losing an employment dispute.
Collective redundancies and severance pay
Where an employer with at least 20 employees dismisses at least 10 people (or 10% of the workforce in larger companies) within 30 days, the collective redundancy provisions apply. These require consultation with trade unions or employee representatives, notification to the labour office, and payment of statutory severance. Severance ranges from 1 to 3 months’ salary depending on length of service.
| 💡 Our recommendation at Destrier Polish labour courts place considerable weight on documentary evidence in employment disputes. Before deciding to terminate an employee, make sure any prior performance issues were formally recorded — written warnings, emails and performance reviews are essential. Without hard evidence, courts resolve doubt in the employee’s favour, significantly increasing the risk of losing even an apparently well-justified dismissal. Destrier Law Firm prepares employers for termination processes and represents companies in employment disputes. |
| Questions about employment or terminating a contract in Poland? Destrier Law Firm advises foreign employers. Get in touch. |
Legal position as of: June 2026. This article is for informational purposes only and does not constitute legal advice. We recommend seeking individual legal advice before making any decisions.
