Employment-related issues are enacted by the Act of June 26, 1974, the Labor Code which contains central employment legislation in Poland. The Labor Code regulates the rights and obligations of employees and employers. Moreover, the Labor Code defines the conditions under which work may be performed in Poland. The provisions of employment contracts and other acts on the basis of which an employment relationship is established may not be less favorable to the employee than the provisions of the labor law.
However, the Civil Service Act applies to employees of local government administration.
The employment contract is recommended to be concluded in writing. However, it is not obligatory. Nevertheless, if the employment contract has not been concluded in writing, the employer, before allowing the employee to work, confirms to the employee in writing the arrangements regarding the parties to the contract, the type of contract and its terms.
Requirements for employment contracts are specified in the Labor Code.
In Poland, the termination of an employment contract depends on the type of contract. If the parties have concluded a fixed-term contract, then it is sufficient to submit a notice of termination of the contract while respecting the notice period specified in the Labor Code.
On the other hand, if the parties have concluded an employment contract for an indefinite period, the employer must indicate the reason for the justification, which must be a real and specific reason.
Certain groups of employees enjoy special protection against dismissal. Protection covers mainly pregnant women and people in the pre-retirement age, ie. those who are not more than 4 years until they reach retirement age. The employer cannot terminate the employment contract during the employee’s vacation, as well as during other justified absence of the employee from work.
Under the employment legislation in Poland the employer may also terminate the contract with the employee without notice, due to the employee’s fault. It is possible, first of all, if the employee has violated basic employee duties in a serious manner, but also if the employee commits a crime during the term of the employment contract, which prevents him from further employment in the position held, and if the employee loses the rights necessary to perform work in the position held.
Termination of an employment contract without notice due to the fault of the employee may not take place after 1 month from the moment the employer receives information about the circumstances justifying the termination of the contract.
In the event of termination of an employment contract without just cause, the employee may be reinstated or be entitled to compensation.
Compensation is due in the amount of the remuneration for the notice period. However, in the event of termination of an employment contract concluded for a definite period, compensation is due in the amount of remuneration for the period until which the contract was to last, however no longer than for the period of notice.
Citizens of the EU / EEA Member States and Switzerland may work in Poland without the need to obtain a residence permit, on the basis of a valid travel document, if the stay lasts up to 3 months. If the stay is longer, the employee must register his stay. Registration is free. To register your stay, you must meet one of the following conditions: be employed or self-employed; be a spouse of a Polish citizen; have sufficient financial resources and health insurance; or study or undergo vocational training in Poland.
As a rule, third-country nationals, in order to work in Poland, must obtain an appropriate work permit. The employer requests it. If a foreigner does not have a legal stay in Poland (e.g. within the limit of 90 days in a 180-day period under the visa-free regime) – he must legalize his / her stay in Poland by obtaining a visa or a temporary residence permit related to work. You can also apply for a uniform temporary residence and work permit.
Cost of permits are (2020):
A work permit – PLN 100
A temporary residence permit – PLN 390
A temporary residence and work permit – PLN 490
For citizens of some countries (Ukraine, Russia, Belarus, Georgia, Armenia, Moldova) it is possible to perform work on the basis of a declaration registered by the employer, if the work lasts up to 6 months in the next 12 months. Then a work permit is not necessary, but the foreigner must ensure legal stay in the territory of Poland.
It is also possible to obtain a residence permit for reasons other than employment.
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*This article is for general information purposes only and does not constitute a legal advice.
