With the deepening of globalization, when enterprises expand their business in multiple countries, cross-border labor compliance has become one of the most complex and severe challenges. To help enterprises systematically address this issue, we have collaborated with top labor lawyers from over 50 major jurisdictions worldwide (all recommended by Chambers, The Legal 500, or equivalent institutions) to jointly compile a Chinese-English labor & employment compliance guide exceeding 1 million words, and we will continuously update relevant key points.

This article publishes the key points of labor & employment compliance by September 2025 in Poland. 

01 Overview of the Labor Law System

1.Legal System

Poland operates under a civil law system.

2.Resources and Agencies

The main regulation on employment is the Polish Labor Code. It is the primary act regulating employment relationships, i.e. such issues as rights and obligations of employees and employers, working time, remuneration, leaves, parental rights, anti-discrimination protections, remote work, etc.

02 Employment Qualifications and Classification

1.Employment Age

Individuals aged 18 or older may be employed under general terms set out in the Polish Labor Code. Minors aged 15 to 17 may also be employed, but only under strict conditions specified in the Code.

The statutory retirement age in Poland is 60 for women and 65 for men, although both early and deferred retirement options are available depending on the individual’s contribution record and type of employment.

2.Qualifications for Foreign Employers

Foreign business can hire employees in Poland without establishing a permanent presence (such as an office or branch) provided that certain conditions are met – for example, an employee must not have authority to conclude contracts on behalf of an employer.

3.Classification of Employment

The primary form of employment in Poland is through an employment contract. It is also possible to establish cooperation under civil law contracts which are governed by the Polish Civil Code. Other models include outsourcing or temporary agency work. Temporary agency work is permitted, but subject to numerous restrictions.

4.Foreign Workers

There are restrictions on the entry and employment of foreign nationals - particularly for so-called “third country nationals”, i.e. citizens of countries that are not part of European Union (EU), European Free Trade Association (EFTA), Switzerland and European Economic Area (EEA). In most cases, these individuals must present a valid entry document (such as visa/residence card) and specify the purpose of their stay.

03 Recruitment and Employment Contracts

1.Background Examination

Generally, employers are not allowed to process personal data concerning an applicant’s criminal history, unless there are specific legal provisions that permit such processing-typically in sectors such as finance or security, and only to the extent permitted by law. Criminal background data cannot be processed based on a candidate’s consent.

2.Contract Types

In Poland, there are three types of employment contracts:

• For probationary period;

• Fixed-term contract;

• Indefinite contract.

The absence of a written form does not automatically invalidate an employment contract. Employment contract may be established through oral agreements or by an employer permitting an employee to commence work.

3.Probationary Period

A probationary employment contract may be concluded for:

• Up to 1 month, if after this period employment is planned for no longer than 6 months;

• Up to 2 months, if the next contract is planned to last longer than 6 months but less than 12 months;

• Up to 3 months, if an employer plans to employ an employee for at least next 12 months or for an indefinite period.

04 Working Standards

1.Remuneration

Poland does not differentiate remuneration based on voivodeships or cities. The minimum remuneration is uniform nationwide. The remuneration cannot be lower than the statutory minimum wage.

2.Statutory Benefits and Social Security

Social security covers:

• Pension insurance;

• Disability insurance;

• Sickness insurance;

• Accident insurance;

• Health insurance.

3.Working Hours

In Poland, various working time systems may be applied:

• A basic working time system;

• A system of equivalent working hours;

• A continuous work system;

• An intermittent working time system;

• A task-based working time system;

• Short working week system;

• A weekend working time system.

4.Rest and Leave

Employees are entitled to uninterrupted day and week rest. Daily rest: employees are entitled to at least 11 consecutive hours of rest within a 24-hour period. Weekly rest: employees are entitled to at least 35 (in exceptional cases – 24) consecutive hours of uninterrupted rest per week, including a minimum of 11 hours of uninterrupted daily rest.

05 Occupational Health and Special Protection

1.Occupational Health and Security

An employer is obliged to provide training for employees in occupational health and safety (OHS) before allowing them to begin work, as well as to conduct periodic training in this area. An employer is also obliged to protect employees’ health and lives by ensuring safe and hygienic working conditions. The costs of activities undertaken by an employer in the field of OHS must not be borne by employees.

2.Special Protection

Special protection for certain employees may arise from:

• Medical contraindications;

• Prohibited types of work and special protections for women, pregnant or breastfeeding women;

• Special protections for employees with disabilities;

• Types of work and special protections for juveniles.

06 Personal Information and Privacy

1.General Rules

Employers must ensure data accuracy, storage limitation, integrity, and confidentiality. Importantly, prior consent is not a safe legal basis for processing employee data due to the imbalance of power in an employment relationship.

2.Transnational Transfer

The transfer of employees’ personal data from Poland to countries outside the European Union, such as China, requires compliance with the legal requirements set out primarily in GDPR. Since the EU has not recognized China as a country providing an adequate level of data protection, such transfers cannot be made freely. Organizations must apply appropriate safeguards, such as Standard Contractual Clauses (SCC).

07 Anti-Discrimination and Anti-Harassment

1.General Rules

An employee who has suffered health problems because of mobbing may seek financial compensation for non-material harm (i.e. damages for suffering) from an employer. Moreover an employee who has been a victim of mobbing or who has terminated his/her employment due to mobbing has the right to claim compensation from an employer not lower than the monthly minimum national wage.

2.Protective Characteristics

Any discrimination in employment is forbidden. The Polish Labor Code explicitly prohibits discrimination based on gender, age, disability, race, religion, nationality, political beliefs, trade union membership, ethnic origin, faith, sexual orientation, fixed-term or permanent employment, and full-time or part-time employment.

08 Internal Policies

1.Applicability

It is standard and legally recognized for employers to manage employees through internal policies and regulations, as long as these do not violate the Polish Labor Code or other binding labor laws.

Types of internal policies commonly used:

• Work regulations;

• Remuneration regulations;

• Company social benefits regulations;

• Internal procedures tailored to organizational need.

2.Validity

Internal policies issued by a parent company do not have direct legal force in Poland. If global policies are intended to apply across all jurisdictions, they must be reviewed, adapted, and formally implemented at the local level to ensure compliance with Polish law.

3.Whistleblowing

Employers in Poland are required to establish and issue an internal whistleblower procedure if, as of January 1st or July 1st of a given calendar year, at least 50 persons perform paid work for an employer. This count includes not only employees, but also all individuals engaged in paid work, e.g. contractors or persons working under civil law contracts.

09 Transactions

1.Employment Relationship

In Poland, when an enterprise or part thereof is transferred to a new employer, the new employer assumes all rights and obligations arising from existing employment contracts by operation of law. Employment relationships continue seamlessly, and no new contracts are required. All employee rights and obligations remain intact after the transfer.

Employees also have the right to terminate their employment within two months after the transfer, with 7 days’ notice, and such termination is treated in many respects as if it were initiated by an employer.

2.Compensation

Employees are not automatically entitled to any compensation solely due to M&A, or equity / asset transfers.

10 Termination of Employment

1.Termination Grounds

An employer cannot dismiss an employee without a valid reason. Dismissal must be justified, and an employer is required to provide a real and specific reason for the termination in writing.

2.Termination Procedure

Unilateral termination of employment must:

• Be made in writing;

• Include a written description of reasons for termination;

• Include instruction on the right to appeal to the labor court;

• Be signed by a person authorized to represent the employer.

3.Termination Protection

However, the groups of protected employees typically include:

• Pregnant employees;

• Employees during maternity leave, supplementary maternity leave, parental leave or paternity leave;

• Employees during military service;

• Employees of preretirement age;

• Employees serving as social labor inspectors.

4.Severance and Compensation

Under Polish law, severance pay is mandatory when termination is based on the Act on Specific Rules for Terminating Employment with Employees for Reasons Not Related to Employees. Such severance pay is intended to compensate for job loss for instance due to liquidation / reduction of jobs that is not an employee’s fault and to support financial stability during the transition period.

5.Wrongful Termination

Employees who believe that the termination of their employment contract was unjustified or unlawful have the right to appeal to the labor court. This applies to both termination with notice and termination without notice. An employee may seek:

• Ineffectiveness of termination or reinstatement to work;

• Compensation for improper termination of the contract;

• Additional civil liability.

6.Mass termination and Layoffs

The procedure for collective redundancy must be followed if an employer employs at least 20 employees and redundancy concerns:

• 10 employees, when an employer employs less than 100 employees;

• 10% employees, when an employer employs at least 100, but less than 300 employees;

• 30 employees, when an employer employs at least 300 employees.

11 Confidentiality, Non-Compete, and Non-Solicitation

1.Confidentiality

There is no legal obligation to conclude separate confidentiality agreements. By law, an employee is required to protect the employer’s trade secrets by virtue of an employment relationship. Additionally, under the Act on Counteracting Unfair Competition, it is prohibited to disclose, use, or acquire information that constitutes a trade secret.

2.Non-Compete and Non-Solicitation

The parties may conclude a non-compete agreement, specifying that an employee shall not conduct competitive activities against an employer nor provide work under an employment relationship or any other basis for an entity engaged in such activities. If an employee breaches this agreement, the employer may seek compensation for damages.

12 Work Representation and Trade Unions

1.Work Representation

An employer with 50 employees or more is required to inform them of the right to elect a work council. Such employers must organize elections and establish a work council at the request of at least 10% of their employees.

If no trade union operates, employers may need to organize elections of employee reps. This will be obligatory, e.g. to issue remote work regulations, resign from the company social benefits fund, etc.

2.Trade Unions

Employees have the right to form or join unions. Such unions can represent them in discussions with an employer, negotiate working conditions and pay, sign collective agreements, and support employees during dismissals or company reorganizations. Persons working under civil law contracts and B2B contractors may also be members of trade unions.

13 Dispute Resolution

1.Procedures & Enforcement

Disputes between employees and employers usually begin with a written statement of claims filed by an employee with the labor division of a district court or regional court.

Once a case reaches the court, the length of the proceedings depends on many factors, e.g. the court’s capacity, the complexity of the case, necessity of summoning witnesses, experts, etc. Court proceedings in Poland generally take a relatively long time and often last several years. At the first instance, proceedings usually last about 1 to 3 years. However, if a party appeals the first-instance judgment, the proceedings may be extended.

2.Waiver & Enforcement

An employee in Poland may not waive statutory rights. Any such waiver would be legally ineffective, and employees retain the right to pursue claims before a labor court regardless of any agreement to the contrary.

14 Others

1.Latest Development & Trends

Work-life balance is becoming an increasingly important focus in Polish workplaces. More companies are adopting flexible work arrangements to help employees better integrate their professional and personal lives. There is also growing interest among employees in adopting a four-day workweek, as many believe it could improve their well-being and productivity. In response, the Polish government has initiated pilot programs to explore the benefits of reduced working days with full pay.

2.Cultural and Religious Considerations

Polish society places a strong emphasis on traditional values, with deep respect for family, religion, and national identity. Conversations touching on these topics should be handled thoughtfully and respectfully to avoid misunderstandings. Demonstrating cultural sensitivity in these areas can help build trust and foster positive business relationships. 

* To avoid ambiguity, this article should not be regarded as legal advice.

Authors

Patrycja Zawirska is a founder of the Zawirska Ruszczyk law firm and Managing Partner, and a member of the Warsaw Bar Association, PhD in legal sciences. She has over twenty years of experience in advising on employment & labor law matters. Patrycja has extensive experience in all areas of providing employment & labor law advice, including but not limited to restructuring, redundancies, compliance and regulations, benefits and allowances, relations with trade unions and employee representatives, working time, flexible forms of employment, court disputes with employees and cross-border employment.

Marta Rogocz is a senior associate in Zawirska Ruszczyk law firm and has ten years of experience in advising on employment & labor law matters. She has extensive experience in all areas of providing employment & labor law advice, including but not limited to: court disputes with employees, compliance investigations, mobbing and discrimination, termination of employment, employee documentation and immigration issues.玛尔塔·罗戈茨

Dominika Buchal is a junior associate in Zawirska Ruszczyk law firm and has several years of experience gained at leading law firms where she advised clients on diverse matters related to employment & labor law.

Translator

Jin Dongjie, Master of Laws, associate at Anli Partners. Area of expertise: Labor Law, ESG Compliance, Dispute Resolution.