Employ Candidates Compliantly in Poland

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  1. Overview: Poland
  2. Global HR Compliance
  3. Global PEO and payroll
  4. Work permit for hiring expats via PEO
  5. Expand without a company set up
  6. Contractor vs. employee: which is better?
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Global HR Compliance in Poland

If you hire international workforce, or plan to hire, then Hiring and Firing Workforce in Poland Guide below will help you understand the nuances of labor legislation in the country.

There are two main reasons for companies hiring foreign workforce:

  • Expanding into foreign markets to sell company product or products there. In this case, companies hire sales representatives who would exclusively represent their product in the target market and sell it to their local client base.
  • Hiring the right foreign talent with a unique expertise, often related to IT sphere that cannot be found in the home country or that costs less compared to local specialist with similar skills.

After you have found the right candidate, the question is how to hire and provide compensation to this person so you as a business remain 100% compliant when working with global workforce. Another thing to consider is whether you want to keep the talent long-term and how you can do that.

If you need to hire foreign workforce in Poland so you can expand there, then our Global Employer of Record solution may be of help. We help you legally hire and reward your foreign workforce by making them employees via a global employment outsourcing service. This is simple as employ your in-house workforce with the only difference that workers can live anywhere in the world and Acumen International would be their legal employer on your behalf. This means we would bear all employment risks, not you. Also, we manage bonuses, vacations, sick leave and can rent the office and a car for your foreign sales representatives if that is what you need.

With our solution, you can test new foreign markets before deciding whether you are going to get established there. You gain flexibility and expand with reduced costs, and easily withdraw from the unattractive countries.

We are experts in global workforce employment in Poland, and our goal is to become your single provider. Instead of working with numerous local staffing agencies and legal advisors, Acumen International can solve your global business challenges and save you time, costs, and resources.

Our team of English-speaking professionals frees you from working through language nuances. Acumen International works 24/7 and can assist you whenever you need, regardless of time zones. Our goal is to create tailored labor solutions for you that are managed legally and in full compliance with the local employment laws.

With our knowledge and deep understanding of local nuances, you easily satisfy your need for skilled professionals in your global industry. With our qualified local partners, you can trust that your global workforce satisfies all local tax, social security, and immigration requirements in Poland.

Hiring and Firing Workforce in Poland Guide

# Employment contracts

The different types of employment contract in Poland are:

  • a contract signed during a probation period,
  • long-term contract, which is mostly signed for an undefined period,
  • fixed-term contract,
  • a task-based contract usually signed when someone is employed to undertake a definite task,
  • contract signed when there is a need for an employee replacement. Both employers and employees make their choices of contract based on their needs and agreement.

All employment contracts must be stipulated in writing and must include the type of work the employee is expected to do, when he is expected to start, the days, time and place of work, and compensation/reward. Also, the contract should be drafted in the Polish language, particularly, if the employee is a polish, has a residence in the country and/or will execute the work in Poland. In some cases, whereby the employee is an expatriate, he can translate the contract in any language of his choice, however, must retain the original copy in Polish. An employer is expected to present all employment contracts to his newly employed to sign, and if for some good reasons he is not able to do that, he is expected to provide a letter in writing stating the agreed terms of employment.

# Minimum (Statutory) Employment Rules and Regulations in Poland

# Hours of work:
As stated in the country’s Labor Code, the standard maximum length of working day is 8 hours and a week is 40 hours (five working days). People usually work the hours from 8 am to 4 pm from Mondays through Fridays and from 8 am to 2 pm on Saturdays. Apart from the 15-60 mins lunch break that employees are free to take, they have the right to uninterrupted rest of approximately 11 hours per day and 35 hours per week.
For night shifts, employees are entitled to additional 20% of statutory minimal hourly wage per each hour worked.

# Probation period:
Before the actual employment contract is signed, an employee will first have to sign a contract for a trial period, which by law must not exceed 3 months’ period. Regardless of the type of job, this period can be shortened in months, weeks or even days to suit the employer’s need. The employer can decide to terminate the contract before the end of the trial period provided he gives the employee a 2 weeks’ notice if the agreed trial period is 3 months, a week notice -if the agreed period is more than 2 weeks and a 3 working days’ notice -if the contractual trial period is less than 2 weeks.

# Annual leave:
All employees in Poland are entitled by law to annual paid vacation, additionally to 13 national holidays observed in the country. The length of this entitlement hinges on the type of employment contract, and in some cases on the level of education attained. For instance, while an employee with say 10 years of an employment contract is entitled to an annual paid leave of 20 days, an employee with 15 years’ contract will have an entitlement of 26 days paid vacation.

# Parental leave:
For an employee with a child between the ages of one and four years to take advantage of the maternity leave entitlement which by law is 3 years, she must have worked for her employer for at least 6 months. In the same vein, Expectant mothers are eligible for 20 weeks’, 31 weeks’ and 37 weeks’ leave for a single birth, twin or multiple births respectively.

If there are complications, the employee can request in writing, a “voluntary” leave of 8 weeks’ maximum for a childbirth, and 8 weeks for more than one baby. While fathers are eligible for only a week leave and that is obtainable within the first 4 months of the child.

# Sick leave:
Employees who cannot perform their duties due to health issues are entitled to paid sick leave. This benefit can only be taken after a medical report has been presented to prove that the employee is sick.

Sick leave allowance is usually calculated as an 80% of employee’s salary and should by law be paid within the first 33 days of the employee’s indication of being ill. Certain sickness such as that caused by pregnancy, accident (especially at the workplace), etc. makes the employee eligible for full remuneration in lieu. After the 33rd day of illness, the binding obligation to pay sick allowance is transferred from the employer to the Social Security Office.

# Overtime:
Every additional hour an employee work attracts an extra definite pay. The statutory maximum overtime per year is 150 hours and unless otherwise agreed upon or stated in the employment contract, must not exceed 8 hours in a week. Unless otherwise specified, working extra hours during the working days usually attracts additionally 50% of the employee’s remuneration, and extra 100% for night works (between 9 pm and 7 am), working on special holidays such as bank holiday and Sundays.

# State minimum salary:
For full-time workers, the official minimal wage is PLN 1850 per month. Part-time workers can be paid 80% of the minimal wage and subsequently on the basis of the number of hours worked.

# Employee dismissal:
Employers can terminate an employment contract without long notice to the employee if the reasons relate to insolvency, liquidation or any other reason provided by the country’s labor code. If within the first 6 months of the employment contract an employer wishes to terminate the contract, he is under obligation to notify the employee 2 weeks before the termination is effected. For employees who have worked for 6 months but less than to 3 years, employers are obliged to give them a month notice, and 3 months’ notice for those who have worked for 3 years and above.

In the case of a trial contract, an employee is entitled to 2 days’ notice for contracts with 2 weeks’ duration, and 2 weeks’ notice for a contract of 3 months’ duration. In some instances, whereby the contract has the length between 2 weeks and 3 months, the employer must notify the employee one week before his dismissal.

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