When you hire an employee in Poland, the employment contract in Poland is a crucial part of the process.
Because of requirements under Polish labor laws, you'll likely send two employment contracts—one for the probation period and one for an indefinite term after the probation period ends. Plus, there are requirements the potential new employee needs to fulfill before they can sign.
Poland's labor laws are why it's crucial to understand all the requirements before you draft and send an employment offer letter. The offer letter makes the offer of employment and conditions of employment clear to the potential employee, while also keeping you and your company compliant with all the labor laws in Poland—helping you avoid legal disputes or costly government penalties.
Ready to learn how to send a legally compliant offer letter to hire a full-time employee in Poland? Read on.
Poland job offer letter checklist
- Contact information, address, and phone number. Include these details for every party on the employment contract.
- Contract term. The term of the contract will depend on whether the new employee will be subject to a probationary period to evaluate their suitability for the role. Polish labor laws require separate contracts for probationary periods and indefinite employment, so employers may need to draft and execute two contracts per employee:
- One on a fixed term for the probationary period, which can last for up to three months.
- One on an indefinite term if the employee stays in the role after the probationary period.
- Contingencies. In Poland, employees must attend a medical examination and present a certificate to their employer before signing an employment contract. They may also be required to attend health and safety training. Be sure to include these contingencies in the offer letter and state that it cannot be signed until the employee has fulfilled these obligations.
- Position (job title), job description, and start date. Include a detailed description of the role, including the duties and responsibilities the employee will be expected to complete, as well as the date of their first day.
- Working hours. Outline the expected working hours and any overtime policies that the employee will be subject to. Under Poland's labor laws, a typical workweek is 40 hours, and weekly working hours (including overtime) cannot exceed 48 hours. Employees are entitled to overtime pay for any time worked over eight hours in a day or 40 hours in a week, with higher overtime rates for Sundays, holidays, overnight hours, and their scheduled days off. Note that instead of paying higher overtime wages, employers can compensate employees for overtime with additional time off work.
- Compensation & Benefits.
- Salary. Specify the employee's salary or hourly compensation in PLN, as well as any other compensation they may receive (equity compensation, bonuses, etc.).
- Equity. Historically, equity compensation has been unpopular in Poland because equity-based incentives were double-taxed. But a change to Polish tax law enacted in 2018 amended income taxes to be fairer for employees receiving equity compensation. If your new hire will receive any equity awards, outline them in a clause in the employment contract.
- Benefits. You can outline an employee's benefits in the offer letter, but if you do, discuss them in general terms so that changes to benefits down the road don't require a contract amendment.
In Poland, the following benefits are mandatory for full-time employees:
- Social security (which covers unemployment insurance)
- Paid vacation time
- Paid sick leave
- Paid parental leave
- Workers compensation insurance
- Vacation. The employment contract should include details about your company's vacation leave policy, especially if you offer more leave than what's required in Poland—20 days for employees who have been employed for less than 10 years, and 26 days for those who have been employed for 10 years or more.
- Termination policy. Clearly explain the terms of termination, including the notice that will be provided, and any conditions that may lead to termination. Note that in Poland, notice times vary based on the length of the employee's tenure. Severance is required for employees of companies with at least 20 workers; the amount of severance is also based on the terminated employee's tenure.
- Confidentiality and non-disclosure. Include in the offer of employment a clause outlining the employee's responsibilities regarding confidentiality and non-disclosure of the company's information. Non-disclosure agreements (NDAs) are considered legally binding in Poland, but contractual penalties for breaking an NDA must not be excessively high or the courts may find them disproportionate and rule them unenforceable.
- Non-compete and non-solicit agreements. Include provisions outlining the employee’s non-competition and non-solicitation responsibilities after leaving your company—but only if they’re appropriate for your employee. In Poland, non-compete agreements are allowed as long as the duration and compensation are specified in writing. Typically, non-competes last no longer than one year after the employee is terminated, and compensation must be at least 25% of their salary.
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Disclaimer: Rippling and its affiliates do not provide tax, legal or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.