The employment contract (umowa o pracę) is the fundamental document governing relations between employer and employee under Polish labour law. Under the Labour Code (Kodeks pracy), an employment relationship is a specific relationship in which the employee undertakes to perform the duties entrusted to them for the employer, under the employer's direction and at the place and time set by the employer (Article 22 § 1 of the Labour Code), while the employer must pay remuneration for the work performed. Drafting employment contracts and keeping personnel files is part of our HR and payroll services.
Drawing up an employment contract properly requires knowledge of all the required elements and legal forms that determine the nature of the employment relationship. The document not only formalises the start of the cooperation but also sets out the rights and obligations of both parties, which is crucial for how the working relationship functions later.
An employment contract is concluded in writing (Article 29 § 2 of the Labour Code); the written form may be replaced by the electronic form with a qualified electronic signature (Article 78¹ of the Civil Code in conjunction with Article 300 of the Labour Code). Failure to use written form does not make the contract invalid — the employer must then, before allowing the employee to start work, confirm in writing the parties, the type and the terms of the contract, and the lack of form may lead to evidence problems and difficulties in enforcing the rights and obligations arising from the employment relationship
Today's labour market requires employers to take particular care in documenting employment properly. A well-prepared employment contract protects the interests of both parties and ensures transparency regarding working conditions and pay.
Parties to the employment contract and required details
The first and most important element of every employment contract is a precise identification of the parties. Correctly identifying the participants in the employment relationship is fundamental to the validity of the document and to the enforceability of the rights and obligations arising from it.
For the employer, the contract should contain the full company name as entered in the relevant register. This name should be identical to the one in the registration documents and on company stamps. The Labour Code expressly requires the address of the employer's registered office or, where the employer is a natural person without a registered office, their home address (Article 29 § 1 of the Labour Code).
The employer's REGON (statistical number) or NIP (tax identification number) is not a mandatory element of an employment contract — Article 29 § 1 of the Labour Code requires the parties and the address of the employer's registered office to be specified. Including an identification number is, however, permitted and makes it easier to identify the employer unambiguously
It is equally important to indicate the person representing the company when the contract is concluded. This may be the business owner, a management board member, a commercial proxy (prokurent) or another person with the appropriate authority to act on behalf of the employer. The contract should state this person's name and the basis of their authority to represent the company.
The employee's details require less detail but must be complete and up to date. The basic requirement is the employee's full name as shown in their identity document. For people with more than one first name, it is recommended to give all first names or at least the first one and the one used every day.
The employee's home address should be current and accurate, including the town, street, building and flat number and postcode. This information matters not only for correspondence but also for correctly determining where tax returns are filed and for other obligations related to employment.
A change of personal details by either party requires the other party to be notified without delay. The employer must update the employee's details in its HR systems and in documents sent to ZUS (Social Insurance Institution) and the tax office (urząd skarbowy)
Types of employment contracts and their features
The Polish Labour Code provides for different forms of employment contracts that allow employment terms to be adapted to the nature of the work and the employer's organisational needs. Under Article 25 § 1 of the Labour Code, an employment contract is concluded for a probationary period, for a fixed term or for an indefinite period, and each of these categories has its own legal features.
A contract for an indefinite period is the most stable form of employment, as it has no end date set in advance. This type of contract gives the employee the greatest job security and the full range of rights under labour law. Terminating such a contract requires observing the relevant notice periods or the occurrence of special circumstances provided for in the Labour Code.
A fixed-term contract may be concluded until a specific date, including where the employer needs an employee for a project or task of foreseeable duration (a separate "contract for the performance of a specific task" has not existed since 22 February 2016). The period of employment under fixed-term contracts between the same parties may not exceed 33 months in total, and the number of such contracts may not exceed three; once the limit is exceeded, the employee is employed for an indefinite period (Article 25¹ § 1 and 3 of the Labour Code). The limit does not apply, among others, to replacement contracts, casual or seasonal work and work for a term of office (Article 25¹ § 4 of the Labour Code).
A replacement contract is a fixed-term contract concluded to replace an absent employee (Article 25¹ § 4 point 1 of the Labour Code). The parties usually link its end to the return of the replaced employee — it then ends without notice, but it may be terminated earlier by notice on general terms (Article 36 § 1 of the Labour Code). Informing the replacement employee of the planned return date of the absent employee is good practice
A special type of fixed-term contract is the replacement contract, concluded to replace an absent employee. This may concern maternity leave, long-term sick leave, unpaid leave or other forms of justified absence. A characteristic feature of this contract is that it usually ends when the replaced employee returns.
Each of these forms of contract may be preceded by a probationary contract, which may not exceed three months, or 1 month where the parties intend to conclude a fixed-term contract shorter than 6 months, and 2 months where they intend a contract of at least 6 but less than 12 months (with a one-off extension by 1 month possible, Article 25 § 2–2³ of the Labour Code). The parties may also agree in the contract that the probationary period is extended by the time of leave and other justified absence (Article 25 § 2¹ of the Labour Code). The probationary period allows both parties to get to know each other and assess whether the cooperation will be satisfactory. During this time either party may terminate the contract with notice: 3 working days, 1 week or 2 weeks depending on the length of the probationary period (Article 34 of the Labour Code); the employer does not have to give a reason for the notice (Article 30 § 4 of the Labour Code).
- Define the nature and duration of the planned employment
- Choose the type of contract that matches your organisational needs
- Decide whether to use a probationary period
- Prepare all the required contract clauses
- Check compliance with labour law
Below is a short employment contract template containing the elements required by Article 29 § 1 of the Labour Code. Fill in the places marked "…", and include sentences marked as a variant only where they apply.
EMPLOYMENT CONTRACT
Concluded on … in … between:
- … (employer's name) with its registered office in … (address of the registered office; an employer who is a natural person without a registered office gives their home address), represented by … – hereinafter the "Employer",
- … (employee's full name), residing in … – hereinafter the "Employee".
§ 1. The parties conclude an employment contract for an indefinite period.
Variant: The parties conclude a fixed-term employment contract from … to … (replacement variant: to replace … (full name) during their justified absence from work, Article 29 § 1¹ of the Labour Code).
§ 2. Terms of work and pay:
- type of work: … (position and scope of duties),
- place or places of work: …,
- remuneration: basic salary of PLN … gross per month and … (other pay components, e.g. bonus),
- working time: … (e.g. full time),
- start date: …
§ 3. Matters not regulated by this contract are governed by the Labour Code and the Employer's internal rules (e.g. work regulations, remuneration regulations, collective labour agreement). The contract has been drawn up in two identical copies, one for each party.
Employer's signature: … Employee's signature: …
Disclaimer: this is an illustrative template that must be adapted to the specific situation – among others, to the remuneration regulations, the collective labour agreement and the type of position. A probationary contract must additionally state its duration and any provisions under Article 25 § 2¹–2³ of the Labour Code (Article 29 § 1 point 6 of the Labour Code). The contract is concluded in writing (Article 29 § 2 of the Labour Code). Separately, within 7 days of allowing the employee to start work, the employer gives the employee information on the terms of employment, including working time standards, leave and notice periods (Article 29 § 3 point 1 of the Labour Code), and within 30 days – on the social security institution (Article 29 § 3 point 2 of the Labour Code).
Date of conclusion and periods of employment
Setting the dates in an employment contract correctly is crucial for determining the parties' rights and obligations and for payroll and insurance purposes. The contract must contain three basic dates: the date the contract is concluded, the start date and, for fixed-term contracts, the end date of the employment relationship. If the parties want to commit to employment in advance, they can sign a preliminary employment contract.
The date of conclusion is the day on which both parties signed the document. This date has legal significance for any disputes about the validity of the contract. Remember that the date of conclusion may differ from the date work starts — the employment relationship begins on the day specified in the contract as the start date (Article 26 of the Labour Code).
The start date is the first day on which the employee must report to the workplace and begin performing their duties. From this date, remuneration, the contribution period for ZUS purposes and the period of work for leave and pension purposes start to run. Different pay and contribution rules apply to a contract of mandate with the minimum hourly rate.
The gap between the date of conclusion and the start date may be several days or weeks. This allows the employee to deal with formalities related to their previous job and prepare for their new duties
For fixed-term contracts, the end date of the employment relationship must be stated precisely. This date must be realistic and take into account the nature of the work. Where a fixed-term contract is concluded for the duration of a project, you can also state the expected completion date of the project or task.
Pay particular attention to replacement contracts, where the end date may be difficult to predict. In such cases the contract should state that the employment relationship will end when the replaced employee returns, possibly with a maximum duration of the contract.
| Type of contract | Required dates | Special notes |
|---|---|---|
| Indefinite period | Conclusion and start | No end date |
| Fixed term | Conclusion, start and end | Specific calendar dates |
| Replacement | Conclusion and start | End date depends on return |
| Probationary period | Conclusion, start and end | Maximum 3 months |
Type of work and scope of duties
Defining the type of work is one of the most important elements of the contract, because it precisely defines the duties the employee will perform. This clause is fundamental for both parties, as it sets the limits of the employer's right to assign tasks and defines the scope of the employee's responsibility.
The description of the type of work should be detailed enough for the employee to be clear about their duties, but flexible enough for the employer to adapt specific tasks to current organisational needs. Wording that is too general can lead to misunderstandings, while excessive detail can limit effective management of work.
The type of work defined in the contract sets the limits of the instructions the employer may give. Assigning tasks that go significantly beyond the defined scope of duties may require the employee's consent or an amendment to the contract
The employer should indicate the main areas in which the employee will work and the basic categories of tasks they will be given. This may include customer service, keeping records, carrying out analyses, supervising production processes or other activities typical of the position.
It is also worth stating whether the employee will work independently or as part of a team, and whether they will have managerial duties towards other employees. This information matters for determining the scope of responsibility and for any claims related to function allowances.
The description should also cover the qualifications, experience or licences needed to do the work. This may concern education, certificates, professional licences or knowledge of specific systems and tools.
- Defining the main area of activity and basic tasks
- Indicating the level of independence in performing duties
- Specifying any managerial or supervisory functions
- Defining qualification and competence requirements
- Indicating the tools and systems needed for the work
- Defining quality and timeliness standards for tasks
Changing the type of work during the contract requires a written agreement of the parties or a notice changing the terms of work (Article 29 § 4 and Article 42 of the Labour Code). Exception: where justified by the employer's needs, the employer may assign other work for up to 3 months in a calendar year, without reducing pay and in line with the employee's qualifications (Article 42 § 4 of the Labour Code). Other unilateral changes by the employer may give the employee grounds to terminate the contract without notice
Place of work
Defining the place of work precisely is crucial both for organising work processes and for determining rights and obligations related to commuting, business trips and occupational health and safety. Modern forms of employment, including remote and hybrid work, require this element of the contract to be defined particularly carefully.
The basic requirement is to state the exact address of the place where the employee will work. This should be a full address with the town, street and building number and, in larger buildings, also the unit number or floor. Such a precise definition matters for insurance purposes and for determining the territorial jurisdiction of inspection authorities.
For companies with several branches or business locations, the contract should clearly state at which of them the employee will be employed. If the nature of the work requires services to be provided at different locations, this should be reflected in the contract terms.
The place of work may affect the employee's tax-deductible costs. An employee who lives outside the town where the workplace is located has higher standard tax-deductible costs (Article 22 section 2 points 3–4 of the PIT Act)
Remote work conditions require particular attention if this form of work is planned. The contract should specify whether remote work is permanent or applies to certain days of the week, and what the technical and organisational requirements are for the workplace in the employee's home.
For positions requiring frequent business trips or field work, the contract should include provisions on the rules for sending the employee on business trips and settling travel costs. This may apply to sales representatives, consultants, service technicians or other specialists working directly at clients' premises.
A consulting firm hired an IT specialist whose job is to implement IT systems at various clients. The employment contract states the company's registered office as the place of work but includes a clause allowing the employee to be sent to clients' premises throughout the country. It also provides for remote work on days when no client visits are planned.
Remuneration and its components
Setting remuneration in an employment contract requires particular precision and must take into account all components that may affect the final amount the employee receives. It is not enough to state only the basic rate - the contract should contain the full pay structure together with the conditions for awarding each component.
The basic salary is the core element of the pay structure and should be expressed as a specific monthly amount or hourly rate. This part of the remuneration is fixed and is paid for performing the basic duties set out in the contract. The pay of a full-time employee may not be lower than the minimum wage — in 2026 PLN 4,806 gross, from 1 January 2027 PLN 4,950 gross; the comparison excludes, among others, the seniority allowance, the night work allowance and overtime pay (Article 6 of the Act on the minimum wage).
Remuneration may consist of a fixed and a variable part, and the contract (or the remuneration regulations or collective labour agreement) should precisely define the conditions for awarding each component. The variable part may include bonuses, awards, commissions or other allowances dependent on work results
Bonuses are an important motivational element of the pay system and may depend on various criteria, such as reaching sales targets, quality of work, attendance or the results of the whole team or company. The contract should set out how bonuses are calculated, the settlement periods and the conditions the employee must meet to receive a bonus.
Awards are usually discretionary and are granted for special achievements or long service. Although they often depend on the employer's decision, the contract may set out general rules for granting them, which makes the pay system more transparent and motivates employees to achieve better results.
Function allowances are paid to employees performing certain managerial or supervisory functions or functions requiring special qualifications. These may be allowances for managing a team, for work in difficult conditions, for holding certain licences or for on-call duty and standby.
- Set the amount of remuneration so that it is not lower than the minimum wage
- Define the criteria and rules for awarding bonuses and awards
- Indicate function allowances and the conditions for receiving them
- Define how overtime pay is calculated
- Specify the rules for paying remuneration for leave and sick leave
- Indicate the date and place of payment of remuneration
As a rule, pay components are subject to social and health insurance contributions and to income tax (the law provides for a few exclusions). The employer must keep detailed records of all amounts paid for settlement purposes
Working time and work organisation
Defining working time is a fundamental element of an employment contract that affects how business processes are organised and the employee's rights and obligations. Defining it correctly requires taking into account both the Labour Code and the employer's activity and the nature of the work.
The basic working time standard in Poland is 8 hours a day and an average of 40 hours in an average five-day working week. This standard applies to full-time employment and is the basis for calculating pay and determining leave entitlement. Exceeding it creates an obligation to pay an overtime allowance.
Weekly working time including overtime may not exceed an average of 48 hours in the adopted settlement period (Article 131 § 1 of the Labour Code). The limit protects employees' health and safety; the exception is employees managing the workplace on behalf of the employer (Article 131 § 2 of the Labour Code)
As a rule, the settlement period may not exceed 4 months (for objective, technical or organisational reasons it may be extended to 12 months, Article 129 § 2 of the Labour Code), which gives the employer some flexibility in organising working time, provided the weekly average does not exceed the standard. This rule makes it possible to adapt work organisation to seasonal or other cyclical business needs.
The contract should specify the start and end times of work, which matters for setting the time frame in which the employee must be available to the employer. This may be a fixed schedule, for example from 8:00 to 16:00, or a flexible system with set core hours.
For shift work, the employee should receive information on how the shift system is organised (the rules for moving from one shift to another are given at least in the information on the terms of employment, Article 29 § 3 point 1 letter f of the Labour Code), including the number of shifts, their hours and the rules for rotating employees between shifts. A shift system requires particular attention to the rules on rest between shifts and the restrictions on night work.
| Work system | Features | Contract requirements |
|---|---|---|
| Single-shift | Fixed working hours | Start and end times |
| Two-shift | Two shifts a day | Hours of both shifts and rotation rules |
| Three-shift | Three shifts a day | Detailed schedule of all shifts |
| Flexible | Variable hours within the standards | Core hours |
Night time covers 8 hours between 21:00 and 7:00 — the employer sets the specific hours (Article 151⁷ § 1 of the Labour Code). For each hour of work at night an allowance of 20% of the hourly rate based on the minimum wage is due (Article 151⁸ § 1 of the Labour Code), and a night worker doing particularly dangerous work or work involving heavy physical or mental effort may work no more than 8 hours a day (Article 151⁷ § 3 of the Labour Code)
Work regulations and additional arrangements
Work regulations (regulamin pracy) must be introduced by an employer with at least 50 employees, and by an employer with 20–49 employees at the request of the company trade union (Article 104 § 1¹ and § 3 of the Labour Code). Where the employer has not adopted work regulations, it must give the employee a number of additional details that would otherwise be set out in that document — in the information on the terms of employment within 7 days of allowing the employee to start work (Article 29 § 3 point 1 letter m of the Labour Code); they can also be written into the employment contract. These additional arrangements are crucial for the day-to-day functioning of the employment relationship and for clarity in relations between the parties.
The law requires night time to be specified; it is also worth stating whether the employee will work at night, how such work is organised, the amount of the night work allowance and the specific health and safety conditions that apply at night. Night work also requires taking into account the restrictions for certain groups of employees.
The place, date, time and frequency of pay must be given to the employee in the information on the terms of employment if there are no work regulations (Article 29 § 3 point 1 letter m of the Labour Code). Pay due once a month is paid in arrears, promptly after its full amount has been determined, but no later than within the first 10 days of the following month (Article 85 § 2 of the Labour Code)
The way employees confirm arrival and presence at work may involve various systems, from a traditional attendance list, through magnetic cards, to modern biometric systems. The employee should know (from the work regulations, the information on the terms of employment or the contract) which system is used and what their obligations are in recording working time.
The rules for justifying absence from work are particularly important for avoiding misunderstandings and conflicts. The employee should know how and by when to report an absence, what documents are required to justify different types of absence and what the consequences of unjustified absence are.
- Defining the rules for night work and the amount of allowances
- Precisely stating the place, date and method of paying remuneration
- Describing the system for recording working time and attendance
- Procedures for reporting and justifying different types of absence
- Rules for using annual leave and other time off
- Procedures for communication between employee and employer
Additional arrangements may also cover personal data protection, confidentiality, the use of company equipment or the rules for representing the company externally. These elements, although not strictly required by the Labour Code, may be important for protecting the employer's interests.
The purpose of an employment contract is to regulate relations between the parties comprehensively by setting out all the essential rules of cooperation. A well-prepared contract protects the interests of both the employee and the employer in the event of disputes or misunderstandings
A small IT company with 15 employees does not have to draw up work regulations. In the information on the terms of employment given to new employees (Article 29 § 3 of the Labour Code) it therefore specifies in detail that pay is transferred to the employee's bank account by the 10th of the following month, attendance is recorded by an electronic system, and absences must be reported by email to the project manager by 9:00 on the first day of absence.
