Employment Contract Types in Poland: A Guide for Foreign Professionals
The Polish labor market operates under a dual legal framework for employment relationships. Contracts are governed either by the Labor Code (Kodeks pracy) or the Civil Code (Kodeks cywilny). Understanding the distinction is critical for foreign nationals, as the type of contract dictates legal protections, social security contributions, and entitlement to benefits such as paid leave and sick pay.
Labor Code Contracts (Umowa o Pracę)
Contracts governed by the Labor Code are the standard form of employment in Poland. They offer the highest level of stability and employee protection. Under these agreements, the employer must provide paid annual leave (20 or 26 days depending on tenure), paid sick leave, and protection against unlawful termination.
1. Trial Period Contract (Umowa na okres próbny)
This contract is used to verify a new employee's qualifications. It cannot exceed 3 months. Recent regulations link the duration of the trial period to the length of the intended subsequent contract:
- 1 month: If the intention is to sign a fixed-term contract for less than 6 months.
- 2 months: If the intention is to sign a fixed-term contract for 6 to 12 months.
- 3 months: If the intention is to sign a contract for more than 12 months or an indefinite contract.
2. Fixed-Term Contract (Umowa na czas określony)
This agreement specifies a start and end date. Polish law limits the use of these contracts to prevent abuse. An employer can sign a maximum of 3 fixed-term contracts with the same employee, and the total combined duration cannot exceed 33 months. If either limit is exceeded, the contract automatically converts into an indefinite contract by law.
3. Indefinite Contract (Umowa na czas nieokreślony)
This is a permanent employment contract with no end date. It provides the strongest protection against dismissal. Termination requires the employer to provide a written justification and observe a statutory notice period, which ranges from 2 weeks to 3 months depending on the length of employment.
Civil Law Contracts (Umowy Cywilnoprawne)
Civil law contracts are flexible agreements used for specific tasks or services. They are not subject to the Labor Code, meaning "employees" (contractors) do not automatically receive paid holiday leave, severance pay, or protection from dismissal unless these terms are explicitly written into the contract.
1. Mandate Contract (Umowa Zlecenie)
Under this agreement, a person (the contractor) undertakes to perform specific actions for the principal. It is commonly used for service-based roles, temporary work, or student employment.
- Minimum Wage: It is subject to a mandatory minimum hourly rate. As of January 2026, the rate is 31.40 PLN (approx. $7.93 USD as of Jan 12, 2026).
- Social Security: Mandatory health and social security contributions apply (with some exceptions for students under 26).
- Flexibility: The contract can typically be terminated at any time by either party.
2. Specific Task Contract (Umowa o Dzieło)
This contract focuses on the delivery of a specific result (e.g., creating a website, translating a book, building a cabinet) rather than the performance of ongoing work. It is generally not subject to social security contributions (ZUS), making the net income higher, but it offers no healthcare coverage or pension contributions.
B2B Contracts (Self-Employment)
A "Business-to-Business" (B2B) contract involves an individual setting up a sole proprietorship (Jednoosobowa Działalność Gospodarcza) and providing services to a company as an external entity. This model is prevalent in the IT, creative, and consulting sectors.
- Taxes: The individual is responsible for calculating and paying their own income tax and ZUS contributions.
- Benefits: There is no entitlement to paid vacation or sick leave unless negotiated commercially.
- Liability: The individual bears full liability for their business activities.
Comparison of Key Features
The following table outlines the fundamental differences between the three main forms of employment relationships in Poland.
| Feature | Labor Contract (Umowa o Pracę) | Mandate Contract (Umowa Zlecenie) | B2B Contract |
|---|---|---|---|
| Applicable Law | Labor Code | Civil Code | Civil Code / Business Law |
| Paid Vacation | Guaranteed (20/26 days) | None (unless negotiated) | None (unless negotiated) |
| Notice Period | Statutory (2 weeks – 3 months) | As defined in contract (often immediate) | As defined in contract |
| Minimum Wage | Yes (Monthly) | Yes (Hourly) | No (Market rates) |
| Sick Pay | Yes (80% of salary) | Voluntary insurance required | Voluntary insurance required |
Practical Handling for Foreigners
Language Requirements
If the employee is not a Polish citizen, the employment contract may be drawn up in a language known to the employee (e.g., English). However, for Labor Code contracts, a Polish version is legally required if the work is performed in Poland, or at least a bilingual version must be provided. In the event of a dispute, the Polish version typically prevails in court.
Written Confirmation
An employer is legally obliged to confirm the terms of the contract in writing before the employee commences work. Failure to do so is a violation of the Labor Code. The contract must specify the parties, contract type, date of conclusion, work conditions, and salary.
Limitations and Exceptions
Employers are prohibited from replacing a standard employment contract with a civil law contract if the work is performed under supervision, at a specific place and time designated by the employer. This is known as the "presumption of an employment relationship." If a Civil Law or B2B contract mimics the conditions of full-time employment (subordination, fixed hours, onsite presence), labor inspectors may reclassify it as an employment contract, leading to retroactive tax and social security liabilities for the employer.
