Poland has established a comprehensive legal framework to safeguard the rights and well-being of employees. This system is primarily governed by the Labour Code, which sets out fundamental principles and specific regulations covering various aspects of the employment relationship, from hiring to termination. Adherence to these laws is mandatory for all employers operating within the country, ensuring a baseline of protection for the workforce.
Understanding and complying with Polish labour law is crucial for businesses employing staff in Poland. These regulations aim to create a fair and safe working environment, promoting equality and providing mechanisms for resolving workplace issues.
Termination Rights and Procedures
The termination of an employment contract in Poland is subject to specific rules and procedures designed to protect employees. Contracts can be terminated by mutual agreement, by notice given by either party, or without notice in specific circumstances. The required notice period depends on the type of contract and the employee's length of service with the employer.
For employment contracts concluded for an indefinite period, the notice periods are as follows:
| Length of Service with Employer | Notice Period |
|---|---|
| Less than 6 months | 2 weeks |
| At least 6 months | 1 month |
| At least 3 years | 3 months |
During the notice period, the employee is generally entitled to their regular salary and benefits. In certain cases, such as termination by the employer for reasons not attributable to the employee, the employer may be required to pay severance pay. Termination without notice is only permissible under strict conditions, such as gross misconduct by the employee or specific employer circumstances like bankruptcy. Employees have the right to appeal unfair dismissal to the labour court.
Anti-Discrimination Laws and Enforcement
Polish law strictly prohibits discrimination in employment based on various grounds, ensuring equal treatment for all employees and job applicants. The principle of equal treatment covers all aspects of the employment relationship, including recruitment, terms of employment, promotion, training, and termination.
Protected characteristics under Polish anti-discrimination law include:
- Gender
- Age
- Disability
- Race
- Religion
- Nationality
- Political beliefs
- Trade union membership
- Ethnic origin
- Sexual orientation
- Employment status (full-time, part-time, fixed-term, indefinite)
Employers are obliged to prevent discrimination and take action if it occurs. Employees who believe they have been subjected to discrimination can seek redress through internal company procedures or by filing a claim with the labour court. They may be entitled to compensation for damages suffered as a result of discrimination.
Working Conditions Standards and Regulations
Polish labour law sets clear standards for working time, rest periods, and leave entitlements to protect employee health and ensure a work-life balance.
- Working Time: The standard working time is 8 hours per day and an average of 40 hours per week over a reference period (typically 4 months). Overtime is permitted only in specific situations and is subject to limits and premium pay.
- Rest Periods: Employees are entitled to a minimum daily rest period of 11 consecutive hours and a minimum weekly rest period of 35 consecutive hours.
- Breaks: Employees working at least 6 hours per day are entitled to a break of at least 15 minutes, which is included in working time.
- Annual Leave: Employees are entitled to paid annual leave. The amount depends on the employee's total length of employment:
- 20 days for employees with less than 10 years of total employment history.
- 26 days for employees with at least 10 years of total employment history.
- Other Leave: The law also provides for various other types of leave, including sick leave (paid from social insurance after a certain period), maternity leave, parental leave, childcare leave, and leave for specific personal circumstances.
Workplace Health and Safety Requirements
Employers in Poland have a fundamental duty to provide safe and healthy working conditions. This involves a range of obligations aimed at preventing accidents and occupational diseases.
Key employer obligations regarding health and safety (BHP - Bezpieczeństwo i Higiena Pracy) include:
- Assessing and documenting occupational risks associated with specific jobs and workplaces.
- Implementing measures to eliminate or reduce identified risks.
- Providing necessary personal protective equipment (PPE) free of charge.
- Conducting initial and periodic health and safety training for all employees.
- Ensuring employees undergo mandatory medical examinations (initial, periodic, and control).
- Investigating workplace accidents and occupational diseases.
- Maintaining workplaces, machinery, and equipment in a safe condition.
Employees also have duties regarding health and safety, including complying with regulations and instructions, using PPE correctly, and reporting hazards.
Dispute Resolution Mechanisms
When workplace disputes arise, Polish law provides several avenues for resolution, ranging from internal procedures to external legal action.
- Internal Procedures: Employees can often first attempt to resolve issues by discussing them with their direct supervisor, HR department, or through internal grievance procedures if available within the company.
- National Labour Inspectorate (Państwowa Inspekcja Pracy - PIP): The PIP is the primary state authority responsible for supervising and controlling compliance with labour law, including health and safety regulations. Employees can file complaints with the PIP regarding violations of their rights. The PIP has the power to conduct inspections, issue recommendations, and impose fines on employers.
- Labour Courts: Employees have the right to file claims against their employer in the labour court (part of the common court system). Labour courts handle disputes concerning the existence of an employment relationship, termination of employment contracts, claims for back pay, compensation for discrimination, and other labour law matters. Proceedings in labour courts are often faster and less formal than in other civil cases, and employees may be exempt from court fees in certain circumstances.
- Mediation and Arbitration: While less common for individual disputes, mediation or arbitration can sometimes be used if both parties agree.
Employees seeking recourse for violations of their rights should first consider the nature of the issue and choose the most appropriate mechanism, often starting with internal channels or contacting the PIP before pursuing court action.
