Working life country profile for Poland
This profile describes the key characteristics of working life in Poland. It aims to provide the relevant background information on the structures, institutions, actors and relevant regulations regarding working life.
This includes indicators, data and regulatory systems on the following aspects: actors and institutions, collective and individual employment relations, health and well-being, pay, working time, skills and training, and equality and non-discrimination at work. The profiles are systematically updated every two years.
‘Individual employment relations’ refers to the relationship between the individual worker and their employer. This relationship is shaped by legal regulation and by the outcomes of social partner negotiations over terms and conditions. This section looks at the start and termination of the employment relationship and entitlements and obligations in Poland.
Requirements regarding an employment contract
In line with Clause 65(3) of the Constitution and Clause 190 of the Labour Code, the minimum working age is 16 years (on 1 September 2018 it was lowered to 15 years). Entering an employment relationship requires a written contract that specifies the parties of the contract, the place of performing work, remuneration and its components, working time and the starting date of the work (Clause 29(1) of the Labour Code). The written employment contract has to be issued on the date of commencing the work at the latest.
Dismissal and termination procedures
At an individual level, dismissal and termination issues are regulated by Chapter 2 (Section 2) of the Labour Code. In general, the employment contract can be terminated by:
mutual consent of the parties to the contract
a decision of one of the parties with notice (termination with notice)
a decision of one of the parties without notice (termination without notice)
ending the period for which the contract has been concluded
completion of work for which the contract has been concluded
In the case of non-fixed employment contracts, the length of notice depends on the work span of the employee (if the person has been employed for at least three years, the notice period runs for three months). When the contract is terminated with notice given by the employer, the employee has a right to time off for the purpose of seeking new employment (two days if the notice period runs for less than three months and three days if the notice period is three months).
In the case of union members, employers are obliged to notify the union about their intention and to give grounds for termination of the contract before giving notice.
Employment contracts cannot be terminated for employees who are less than four years away from retirement age (pre-retirement protection).
Employees can be dismissed on disciplinary grounds (Clause 52 of the Labour Code) following a serious breach of their employee obligations, following a criminal offence resulting in a court sentence or by losing their professional certification due to their own misconduct.
At collective level, redundancies are subject to a separate regulation (Act on Collective Redundancies (Ustawa o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn niedotyczących pracowników)).
Parental, maternity and paternity leave
Parents in Poland can benefit from maternity leave, parental leave and paternity leave. According to ZUS data, paternity leave has grown more popular in Poland over the last decade; however, the declining number of births has reduced the number. In 2021, 185,200 fathers used their leave (approximately 55.6% of all those eligible), while, in 2019, this figure was 199,800 fathers (53%). However, parental leave is still highly unpopular among men – only about 1% of fathers share it with their partners.
Statutory leave arrangements
| Maternity leave | |
| Maximum duration | 20 weeks (14 of them are reserved for mothers, after which time fathers can use the six weeks that are left, instead of the mother). A maximum of six weeks can be used before the birth of the child. The duration of basic maternity leave is longer in the case of giving birth to twins (31 weeks), three children (33 weeks), four children (35 weeks) or five or more children (37 weeks). If a woman gives birth to one child, she can apply for an additional six weeks of maternity leave; in the case of twins, the leave can last for eight weeks. |
| Reimbursement | 100% of basic pay (salary) for 26 weeks’ leave 80% of basic pay (salary) for 52 weeks’ leave |
| Who pays? | ZUS In companies with more than 20 employees, it is paid by the employer (from the contributions paid to ZUS). |
| Legal basis | Labour Code and the Act on Financial Benefits Related to Illness and Maternity Paid by Social Security (Ustawa o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa) |
| Parental leave | |
| Maximum duration | A maximum of 26 weeks after the maternity leave. It can be divided into three parts, which can be used by both the mother and the father – they can take the leave at the same time (13 weeks each) or one of them can take all the leave. One part of the leave has to last for at least eight weeks. |
| Reimbursement | 60–80% of basic pay (salary) |
| Who pays? | ZUS In companies with more than 20 employees, it is paid by the employer (from the contributions paid to ZUS). |
| Legal basis | Labour Code and the Act on Financial Benefits Related to Illness and Maternity Paid by Social Security |
| Paternity leave | |
| Maximum duration | 14 days (including Sunday and Saturday). It can be used from the birth of the child until he or she is one year old. |
| Reimbursement | 100% of basic pay (salary) |
| Who pays? | ZUS In companies with more than 20 employees, it is paid by the employer (from the contributions paid to ZUS). |
| Legal basis | Labour Code and the Act on Financial Benefits Related to Illness and Maternity Paid by Social Security |
Sick leave
Issues related to sick leave are subject to regulation by the Act on Financial Benefits Related to Illness and Maternity Paid by Social Security. While on sick leave, employees are entitled to a sick leave allowance (in general, it amounts to 80% of the regular pay, with the exceptions of sick leave collected during pregnancy, sick leave resulting from accidents that occurred on the way to or from work, or if undergoing medical examination or procedures involving donating cells, tissues or organs (100% equivalent of the benefit amount) or staying in the hospital (generally 70% of the regular pay)).
For the first 33 days, the sick leave allowance is paid by the employer. After 33 days, it is paid by ZUS. The sick leave allowance can be collected for 182 days at most. If the employee is unable to return to work after 182 days, they are subjected to a medical check by ZUS to determine whether they qualify for a disability pension. In standard cases, the termination of the employment relationship while on sick leave without a notice period is not allowed (as long as the employee is not present at work) (Clause 41 of the Labour Code). It is also possible to terminate the employment relationship in the case of employees who are on sick leave for longer than three months and were previously employed for less than six months (Clause 53/1(1a) of the Labour Code).
Retirement age
Until 1 January 2013, the retirement age was 65 years for men and 60 years for women. On 1 January 2013, the retirement age was raised to 67 years for both women and men, with the retirement age due to increase by three months every year. In late 2016, the reform was overturned by amending the Act on Pensions (Ustawa o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych), so the former conditions (retirement ages of 65 and 60 years for men and women, respectively) came into force again in October 2017.
