Regulated by the Labour Code. Signed for a trial period, a fixed period and an indefinite period.
An employment contract is the most traditional form of employment, regulated by the Labor Code. It includes: an employment contract for a trial period, an employment contract for a definite period and an employment contract for an indefinite period.
Why is it worth using this form of employment?
- minimum wage guarantee – in the case of full-time employment under an employment contract, your monthly salary cannot be less than PLN 1850 gross (as of 2016)
- greater sense of security – all work rules are regulated by the Labour Code, which in the case of an indefinite contract protects you against unjustified or premature termination of the contract
- guarantee of longer rest – an employment contract provides you, depending on the length of service, with paid holiday leave of 20 to 26 days per year
1. Probationary Employment Contract
The trial period is a time when each party can see the accuracy of their choice. In practice, the employer can verify whether he has hired the right person, and the employee can see whether he or she is satisfied with the company’s organizational culture and the type of work performed.
An employment contract for a trial period must be concluded in writing and cannot exceed 3 months. It is permissible to re-enter into a contract for a trial period only if:
- the employer wants to hire an employee to perform another type of work,
- The employee is to be employed to perform the same type of work after at least 3 years from the date of termination or expiry of the previous employment contract.
A probationary period contract can be terminated by agreement of the parties or with notice, which amounts to:
- 3 working days, if the trial period does not exceed 2 weeks,
- 1 week, if the trial period is longer than 2 weeks,
- 2 weeks if the probationary period is 3 months.
2. Fixed-term employment contract
A fixed-term employment contract is concluded in writing and has a fixed validity period. This agreement serves the implementation of current or periodic goals of the company, the completion of which may be specified by a specific date.
The maximum duration of employment under fixed-term contracts, the number of which may not exceed 3 contracts, and the time that will elapse between the conclusion of subsequent contracts, is 33 months. The limit does not include a contract for a trial period. This means that the period of employment of an employee under a fixed-term contract can last a maximum of 3 years (3 months of a probationary contract and 33 months of a fixed-term contract). At the same time, the same parties cannot conclude more than 3 fixed-term contracts.
Both the conclusion of a fourth fixed-term contract with the same employee and exceeding 33 months of employment under a fixed-term contract means that the employee is automatically employed under an employment contract for an indefinite period.
A fixed-term employment contract is terminated upon the expiry of the period indicated in the contract. In the case of pregnant women, the contract is automatically extended until the day of delivery, if without the extension it would be terminated after the third month of pregnancy. Such a contract can also be terminated with notice, the length of which depends on the period of employment of the employee with a given employer. The notice period is:
- 2 weeks, if the employee has been employed for less than 6 months,
- 1 month, if the employee has been employed for at least 6 months but less than 3 years,
- 3 months, if the employee has been employed by the employer for at least 3 years.
3. Indefinite employment contract
An employment contract for an indefinite period of time does not include a deadline for terminating the contract. The agreement is concluded in writing.
Such an agreement can be terminated in three ways: by signing a termination agreement, by terminating the agreement, or by terminating the agreement without notice.
An employment contract for an indefinite period may be terminated by agreement of the parties on a date set by them or after the notice period, which depends on the length of service with a given employer and amounts to:
- 2 weeks, if the employee has been employed for less than 6 months,
- 1 month, if the employee has been employed for at least 6 months but less than 3 years,
- 3 months, if the employee has been employed by the employer for at least 3 years.
If an employer wants to terminate an employment contract for an indefinite period of time or terminate it without notice, they must submit a statement justifying this decision. In such a situation, the employer is also obliged to inform the employee of his right to appeal to the labour court.