After an investor decides to start a business in Poland and chooses the desired type of company, it’s time to deal with the legal matters concerning Polish employees and the employment contracts.
The employment contract is designed to give the employee certain rights and limit the power of the employer.
The employment is considered legal if the employee is presented with a written form of the agreed work conditions. Employment agreements can be concluded orally, but should have a written confirmation.
Employment contracts in Poland can be on an unlimited time (for an indefinite period of time) or a limited period of time. The three types of limited employment contracts are for:
Types of contracts in Poland
The trial period contract or the apprenticeship contract is designed for a limited time in order to give the employer a notion regarding the employer’s qualification and whether or not he or she is best suited for the position. During this trial time the employee can decide if the company is a right work environment. An apprenticeship contract has a maximum validity period of 3 months. A second contract of this kind cannot be concluded immediately after the first one.
The specific task contract is common for seasonal jobs. This type of contract must specify the termination date and must mention the work that is to be performed during this limited period of time. It is possible to conclude another employment contract for a specific task after the first one has expired. In this case, the employee receives its remuneration even if the work intended was not finalized in the desired manner.
The fixed term employment contract is the most common type of limited contract. This contract must specify the duration of the agreement and termination clauses. The law does not specify a legal amount of time for limited contracts, thus the parties may choose the period as they wish. A fixed term employment contract may be terminated by notice before the expiration date but no earlier than six months, if so specified in the contract.
The unlimited employment contract in Poland is beneficial for employees because it grants them stability and protection from contract termination. An unlimited contract can be terminated by notice under certain conditions.
Other work provisions in Poland
The basic work time in Poland is eight hours a day or forty hours per week. The employee’s remuneration is set according to the minimum wage and also to the specifics of the job. Remuneration is monetary (but can be in kind under certain conditions) and the payment day should be set once a month, as defined in the work contract.
The employer cannot force the employee to work overtime, however, if this happens, the employee is entitled to overtime remunaration.
Our company formation experts in Poland can help you with more information about employment contracts in Poland and about other work related issues.
Maciej Oniszczuk is the Managing Partner of our company. He is specialized in commercial law and has helped many businessmen set up companies in Poland.
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