A contract for a probationary period (umowa na okres próbny) is one of the three basic types of employment contract under the Polish Labour Code (Kodeks pracy). It is a flexible tool that lets employers check an employee's qualifications and suitability before deciding on long-term employment. In 2026, detailed rules govern how such contracts are concluded, how long they last and how they are terminated, and these rules have been significantly amended in recent years in response to European Union directives.
Drafting a probationary contract correctly requires knowledge of the current law and the inclusion of all mandatory elements. Applying the rules incorrectly can have serious legal consequences for the employer, including fines or having the employment relationship reclassified.
As a rule, a contract for a probationary period may not exceed 3 months (shorter limits where a fixed-term contract is planned, and the option to extend it, are set out in Article 25 § 2¹–2³). It is concluded to check the employee's qualifications and the possibility of employing them to perform a specific type of work. This basic rule follows from Article 25 § 2 of the Labour Code and applies to all employers, regardless of the size of the business
Basic rules for concluding a probationary contract
The Labour Code provides for three main types of employment contract, and the probationary contract plays a special role among them as a tool for verifying a candidate's competence. The rules on this type of employment are set out precisely in the legislation to balance the employer's interests with the protection of the employee's rights.
The main purpose of a probationary contract is to check the employee's qualifications and assess their suitability for a specific type of work. This key distinction means that the contract is not simply a way of getting to know the employee, but a concrete check of their skills in the context of the duties assigned to them.
As a rule, the maximum length of a probationary contract is 3 months. The employer may conclude the contract for a shorter period, but may not set a probationary period longer than the statutory limit, even with the employee's consent. The exception is an extension, agreed in the contract, by the time of leave and other excused absence (Article 25 § 2¹ of the Labour Code).
Another probationary contract with the same employee may be concluded only if the employee is to perform a different type of work (Article 25 § 3 of the Labour Code). The former option of a new probationary contract 3 years after the termination or expiry of the previous contract was removed on 26 April 2023. These restrictions are meant to prevent abuse of this type of employment
An important feature of the probationary contract is that it does not count towards the limit on fixed-term contracts or their duration (the limit of 33 months and three contracts in Article 25¹ § 1 applies only to fixed-term contracts). Concluding a probationary contract therefore does not add to the number of fixed-term contracts after which the employee becomes employed for an indefinite period.
Notice periods for a probationary contract vary with the length of the probationary employment. For contracts not exceeding 2 weeks, the notice period is 3 working days. For contracts longer than 2 weeks, the notice period increases to 1 week. The longest notice period, 2 weeks, applies to contracts lasting the full 3 months.
Key changes introduced in 2023
Significant amendments to the rules on probationary contracts came into force on 26 April 2023 as part of the implementation of Directive (EU) 2019/1152 of the European Parliament and of the Council and Directive 2019/1158 on work-life balance. These changes fundamentally affected how probationary contracts are concluded and performed in Polish businesses.
The first major new feature is the option to extend a probationary contract by the time of annual leave or other excused absence. This rule is meant to give the employer a real opportunity to assess the employee over the whole planned probationary period, even if the employee has used the entitlements available to them.
Extending a probationary contract by the time of leave or excused absence is not automatic and requires an express agreement in the contract. Both parties must agree to such a clause when the probationary contract is concluded
The second key change concerns precisely setting the length of the probationary contract according to the employer's intentions regarding further employment. A rule was introduced that the length of the probationary contract should be proportionate to the planned period of subsequent employment.
The third amendment limited the option of signing another probationary contract solely to cases where the employee is to perform a different type of work. The earlier option of concluding probationary contracts again after 3 years was removed, which is meant to prevent abuse of this employment tool.
These changes mean that employers must plan recruitment more carefully and cannot treat the probationary contract as a universal tool for avoiding the obligations that come with permanent contracts.
Option to extend the probationary period
The new rules introduced in 2023 allow the parties to agree in the employment contract that the probationary period will be extended by the time of leave and other excused absence of the employee. This change is fundamentally important for the practice of concluding probationary contracts and requires particular care when drafting them.
Extending a probationary contract is not automatic and requires an express clause in the contract. The employer cannot unilaterally decide to extend the probationary period after it has started - this option must be provided for when the contract is concluded.
Agreeing to extend the probationary period requires the consent of both parties and is not a mandatory element of every probationary contract. The employer may decide not to use this option, which means that the probationary period will last until the originally agreed date, regardless of the employee's absences
In practice, this rule means that if, during the probationary contract, the employee takes annual leave or is absent for other excused reasons, the contract may be extended by the corresponding period. This applies to various types of excused absence, including:
- Annual leave
- Sick leave
- Special leave (urlop okolicznościowy)
- Other absences provided for by labour law
The decision to include an extension clause should be well considered and depend on the nature of the position and the needs of the organisation. In some cases, the employer may consider the standard probationary period sufficient to assess the employee, even if there are short absences.
Different lengths of the probationary contract
One of the most controversial changes introduced in 2023 is making the maximum length of the probationary contract depend on the employer's intentions regarding further employment. This rule makes concluding contracts considerably more complicated in practice and raises many interpretative doubts.
Under the new rules, a probationary contract may last no more than 1 month if the parties intend to conclude a fixed-term contract shorter than 6 months. If the employer plans fixed-term employment of at least 6 months but shorter than 12 months, the probationary period may last no more than 2 months.
The parties may extend the probationary period once by no more than 1 month if this is justified by the type of work. This means that in certain cases the probationary contract may last 2 months instead of 1 month, or 3 months instead of 2 months, respectively
The biggest practical problem is interpreting the term "intention" used by the legislator. The period for which the parties intend to conclude a fixed-term contract must be stated in the probationary contract (Article 29 § 1 point 6 letter b of the Labour Code), but the rules do not specify the consequences of a later change of that intention or how inspection authorities can verify it. This leads to legal uncertainty and difficulties in applying the rules in practice.
Another problem is that the employer's intention may change during the probationary contract. Often only after some time can the employer judge for how long they want to employ the employee. The new rules, however, force this decision to be made when the probationary contract is concluded.
In practice, this rule may lead to situations in which employers feel forced to declare shorter periods of planned employment in order to use a longer probationary period. Paradoxically, this may destabilise employment rather than improve it.
Restrictions on concluding probationary contracts again
The current rules significantly restrict concluding probationary contracts again with the same employee. These restrictions are meant to prevent abuse of this type of employment and protect employees from unjustified periods of job insecurity.
The basic rule is that only one probationary contract for the same type of work may be concluded with a given employee, regardless of when the previous probationary contract was concluded. It does not matter whether the previous contract was concluded a year ago or several years earlier - the rule stays the same.
A new probationary contract may be concluded with the same employee only if it concerns a different type of work. This means that the employee must be employed in a different position or to perform substantially different professional tasks
Removing the earlier option of concluding probationary contracts again 3 years after the termination of the previous contract is a significant restriction for employers. Previously, an employer could re-employ a former employee on a probationary contract if 3 years had passed since the end of the previous employment.
The term "different type of work" requires careful analysis in each specific case. A formal change of job title is not enough - there must be a real change in the nature of the tasks performed, the qualifications required or the scope of responsibility.
In practice, these restrictions mean that employers must approach recruitment and candidate selection more responsibly. They cannot count on being able to "check" the employee again in the future, which forces a more thorough assessment during the first probationary period.
Procedure for concluding a probationary contract
Drafting a probationary contract correctly requires including all mandatory elements and following the proper procedure. The process should be carried out with due care to avoid legal problems in the future.
The first step is to define the nature of the work the employee will perform. This is key to setting the right probationary period and to assessing whether further probationary contracts with the same employee will be possible in the future.
The next stage is to set the planned period of further employment, which under the new rules affects the maximum length of the probationary contract. The employer must think through their intentions regarding the length of subsequent employment and adjust the probationary period accordingly.
A probationary contract must contain all the elements required for employment contracts, including the parties, the type of work, the place of work, the remuneration, working hours (wymiar czasu pracy) and the start date. In addition, it must specify the length of the probationary period (or the day it ends), any clause on its extension and, where the probationary period is shorter, the period for which the parties intend to conclude a fixed-term contract (Article 29 § 1 point 6 of the Labour Code)
An important step is to consider whether the contract should include a clause extending the probationary period by the time of leave or other excused absence. This decision should be based on the nature of the position and the needs of the organisation.
The employer provides the rules on terminating the contract, including notice periods appropriate to the length of the probationary contract, in the information on terms of employment no later than 7 days after allowing the employee to start work (Article 29 § 3 point 1 letter j of the Labour Code); they can also be written into the contract. The employer may also inform the employee about the rules for moving to another type of contract after the probationary period.
Documenting the recruitment process and the reasons for concluding a probationary contract can help in the event of inspections or disputes. It is particularly important to document the employer's intentions regarding further employment, which may be relevant in light of the new rules.
Mandatory elements of a probationary contract
Every probationary contract must contain a number of mandatory elements arising from the Labour Code and the rules on transparent working conditions. Omitting any of these elements may be challenged during an inspection by the National Labour Inspectorate, PIP (Państwowa Inspekcja Pracy).
The contract specifies the parties and the address of the employer's registered office (Article 29 § 1 of the Labour Code). In practice, it also includes details identifying the employer (name, address, NIP (tax identification number), REGON (statistical number)) and the employee (first name, surname, home address, PESEL (national ID number)), which make it easier to identify the parties to the employment relationship correctly.
A detailed description of the type of work is crucial not only for the current contract, but also for assessing whether further probationary contracts can be concluded in the future. The description should be precise and match the actual tasks the employee will perform.
- Specifying the exact probationary period, with start and end dates
- Stating the basic salary and all components of remuneration
- Precisely specifying the place of work
- Setting working hours and the work schedule
- Specifying the amount of annual leave (this can be done in the information on terms of employment – Article 29 § 3 point 1 letter i)
- Stating notice periods appropriate to the length of the contract (also in that information – Article 29 § 3 point 1 letter j)
The contract should state whether the parties have agreed to extend the probationary period by the time of leave or other excused absence. If so, the conditions and procedure for such an extension should be set out precisely
Additional elements may include provisions on personal data protection, trade secrets, health and safety rules or other specific requirements related to the nature of the work. All these elements should be worded clearly and unambiguously.
If the probationary period has been shortened because the parties intend to conclude a fixed-term contract (1 or 2 months), the contract must state the period for which the parties intend to conclude that contract and any extension of the probationary period by 1 month (Article 29 § 1 point 6 letter b of the Labour Code).
Below is a short template of an employment contract for a probationary period that contains the elements required by Article 29 § 1 of the Labour Code. Fill in the places marked "…", and include the sentences marked as a variant only where they apply.
EMPLOYMENT CONTRACT FOR A PROBATIONARY PERIOD
Concluded on … in … between:
- … (employer's name), with its registered office at … (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 at … – hereinafter "the Employee".
§ 1. The parties conclude an employment contract for a probationary period from … to … (no longer than 3 months) in order to check the Employee's qualifications and the possibility of employing them to perform the work specified in § 2.
Variant (Article 25 § 2² and § 2³): The parties intend to conclude a fixed-term employment contract for a period of … months. Due to the type of work (…), the parties extend the probationary period by … (once, by no more than 1 month).
Variant (Article 25 § 2¹): The contract is extended by the time of leave and by the time of any other excused absence of the Employee from work, if such absences occur.
§ 2. Terms of work and pay:
- type of work: … (position and scope of duties),
- place of work: …,
- remuneration: basic salary of PLN … gross per month plus … (other components of remuneration, e.g. a bonus),
- working hours (wymiar czasu pracy): … (e.g. full time),
- start date: …
§ 3. Matters not governed by this contract are subject to the Labour Code and to the Employer's internal rules (e.g. work regulations, remuneration regulations, a 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 – for example, to the remuneration regulations, a collective labour agreement, the type of position and plans for further employment. The probationary period may not exceed 3 months; where the parties intend to conclude a fixed-term contract shorter than 6 months, it may not exceed 1 month, and where they intend to conclude one for at least 6 but less than 12 months, 2 months (with a one-off extension of 1 month, Article 25 § 2–2³). 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), and within 30 days, information on the social security institution (Article 29 § 3 point 2).
Rights and obligations of the parties
A probationary contract creates a full employment relationship, which means that the employee and the employer have the same rights and obligations as under other types of employment contract. The only differences are the specific rules on termination and the temporary nature of the contract. This also applies when the employee goes on sick leave during the probationary period.
An employee on a probationary contract is entitled to remuneration no lower than the minimum wage, annual leave in proportion to the period of employment, and protection against discrimination and bullying (mobbing). They also have all the rights arising from health and safety rules and labour law.
The employer must ensure safe and hygienic working conditions, pay remuneration on time and comply with all rules on working time and rest. The employer must also keep employee records in line with the applicable regulations.
During the probationary period, the employer has the right to assess the employee particularly closely, but may not breach their basic employee rights. The assessment should concern professional qualifications and the performance of work duties, not personal or private characteristics
The employer's specific rights during the probationary period include the option of terminating the contract with shorter notice than in the case of permanent contracts. The employer also does not have to give detailed reasons for terminating the contract, although it must comply with the ban on discrimination.
The employee has the right to professional development and to receive the information needed to do the job. The employer should provide proper onboarding and pass on all necessary information about the position.
Both parties must act with loyalty and good faith in performing the contract. This means that the employee should perform the assigned tasks diligently, and the employer should assess their work fairly and give constructive feedback.
Terminating a probationary contract
The rules for terminating probationary contracts differ from the standard procedures for permanent contracts. These differences mainly concern notice periods and the procedures the parties must follow.
Notice periods are much shorter than for permanent contracts and depend on the length of the probationary contract. For the shortest contracts, not exceeding 2 weeks, the notice period is only 3 working days. This allows the cooperation to end quickly if it turns out that the employee does not meet expectations.
For probationary contracts lasting longer than 2 weeks but shorter than 3 months, the notice period increases to 1 week. The longest notice period, 2 weeks, applies to probationary contracts lasting the full 3 months.
| Length of probationary contract | Notice period | Legal basis | Notes |
|---|---|---|---|
| Up to 2 weeks | 3 working days | Article 34 of the Labour Code | Shortest period |
| Over 2 weeks (under 3 months) | 1 week | Article 34 of the Labour Code | Medium period |
| 3 months | 2 weeks | Article 34 of the Labour Code | Maximum period |
Notice of termination of a probationary contract may be given without stating a reason, but the employer must comply with the ban on discrimination and may not terminate the contract for reasons prohibited by law. Notice must be given in writing and delivered to the employee
A probationary contract may also be terminated without notice in the event of a serious breach of employee obligations by either party. The rules for termination without notice are the same as for other employment contracts.
It is important that a probationary contract terminates when the period for which it was concluded ends (Article 30 § 2 of the Labour Code). Exception: a probationary contract for more than one month that would terminate after the third month of the employee's pregnancy is extended until the day of birth (Article 177 § 3). The employer does not need to give notice if it does not intend to continue the employment after the probationary period.
After the probationary contract ends, the employer may offer the employee a fixed-term or indefinite-term contract. If no such offer is made, the employment relationship ends on the day the probationary contract expires.
Consequences of applying the rules incorrectly
Applying the rules on probationary contracts incorrectly can have serious legal and financial consequences for the employer. Inspection authorities, especially the National Labour Inspectorate, regularly check compliance with these rules.
Typical breaches include exceeding the maximum probationary period, repeatedly concluding probationary contracts with the same employee without meeting the legal conditions, and incorrectly documenting the employer's intentions regarding further employment.
Exceeding the 3-month limit on the probationary period may lead to the contract being reclassified as permanent, which means that the employer will have to apply the appropriate notice periods and will not be able to end the employment without giving a reason.
A labour inspector may send the employer a formal request (wystąpienie) to remedy breaches, and offences against employee rights (for example, failing to confirm the contract in writing before allowing the employee to start work, or a gross failure to provide information on terms of employment – Article 281 § 1 points 2 and 2a of the Labour Code) are punishable by a fine – from 8 July 2026, from PLN 2,000 to PLN 60,000. The amount of the penalty depends on the nature and scale of the breaches
Incorrectly concluding further probationary contracts with the same employee may result in a finding that an indefinite-term employment relationship existed from the start. This means having to apply the notice periods and termination rules for permanent contracts, including stating the reason for termination (Article 30 § 4 of the Labour Code).
Problems with documenting the employer's "intention" regarding further employment may lead to a finding that the probationary contract was concluded for the wrong period. In such cases, the employer may be forced to shorten the probationary period or reclassify the contract.
Further consequences may include employee claims for compensation, for example where notice terminating a probationary contract breached the rules (Article 50 § 1 of the Labour Code). ZUS (Social Insurance Institution) contributions are the same for every type of employment contract, so the type of contract alone does not change their amount.
A manufacturing company employed a worker on a 3-month probationary contract, declaring an intention to conclude a further 4-month contract. After a PIP inspection, it turned out that under the new rules the probationary contract should have lasted no more than 1 month (or 2 months with an extension justified by the type of work). The labour inspector challenged the length of the probationary period and called on the employer to remedy the breach.
