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assisting in the realization of civil and social rights
revealing her personal potential, professionally
assisting in the realization of civil and social rights
Employment contract in Poland: what's the catch
Today we want to tell you what types of employment contracts are concluded when hiring in Poland? What do you need to know about the differences between employment contracts and civil contracts?
Employment in Poland always involves obtaining a work visa and signing an employment contract (agreement). According to current legislation of the Republic of Poland, concluding a contract is a mandatory condition for employment. By entering into an employment contract, you can be sure of protecting your labor rights in Poland.
An employment contract is a type of employment agreement in Poland concluded with foreign citizens. Such a contract guarantees the receipt of all benefits of employment, which are prescribed in the Labor Code of Poland. This type of contract requires mandatory permission to work, which is issued by the Voivodeship Office.
According to Polish legislation, an employment contract must be concluded before starting work. It stipulates all working conditions, namely: the period of validity of the contract, the nature and place of work, working hours, salary, including payment on weekends and holidays, the amount of bonuses, allowances, deductions from salary. The obligations, responsibilities of the parties, conditions for termination and extension of the employment contract are described. The conditions of residence, social insurance, and medical care are spelled out. Information about the employer and their location must be provided. The contract is concluded in writing in two copies. If you do not speak Polish, the employer is obliged to provide a translation of the document into a language that you understand.
Working under an employment contract, you can count on an eight-hour working day and monthly payment of earned funds. In case of disputes or non-payment of wages, you can contact the Polish Labor Inspectorate. After your appeal, an inspection will be carried out, and if it is proven that the employer unlawfully refused to pay you the earned funds, the payment will be made. But every employee should understand that the conditions of employment cannot differ from those specified in their work permit. It is also necessary to know that having received a work permit from one employer, you cannot work for another employer unless a work permit has been issued by them. It is necessary to read each clause of the employment contract carefully and sign the contract only if you are satisfied with everything (whether the conditions of employment and residence that you agreed upon are spelled out).
Pay attention to the type of contract you are offered to sign: an employment contract (umowa o prace) or a civil law contract (contract of assignment - umowa zlecenie or contract for work - umowa o dzielo). Employers often use Umowa zlecenie as a substitute for an employment contract, as it is more cost-effective. This is the most popular type of employment agreement in Poland between an employer and an employee. Such a contract allows the employee, having opened a work visa, to start working from the date of signing and to work legally in Poland for 6 months within 12 months without the need to obtain a work permit. But to formalize such a contract, the employer must register an intention to employ (oswiadczenie) with the poviat (district) labor office. Under civil law contracts, you will need to complete a certain amount of work (qualitatively and on time) and only after that you will be able to receive your salary.
It is also necessary to take into account the important points that when working under civil law contracts, you will be denied social guarantees: no paid leave, the work is temporary, unpaid temporary incapacity for work (illness, pregnancy), the provisions of the Labor Code do not apply, there will be no payment for overtime hours. There are no restrictions on working hours, including weekends, holidays, and night time. The employer may change the conditions unilaterally unless otherwise specified by the contract. Some state fees may be passed on to the employee. The contract of assignment must also include the details of the parties and the date of its signing, and for employees who do not speak Polish, it must be translated into a language they understand. As for remuneration, the hourly rate in Poland in 2019 is at least 14 zlotys per hour, including taxes. The contract of assignment must specify the amount of remuneration, as well as the type of work and deadlines for its completion - otherwise you may be sent to do another type of work that was not previously mentioned.
If for any reason your salary is not paid in the case of employment under a civil law contract, you will be able to assert your rights only through the court in Poland. That is, without receiving your salary, you will need to incur additional expenses, both material and time-related.
The civil law form - a contract for work (Umowa o dzielo) is concluded for the performance of a certain, short-term volume of work. In terms of protecting the employee, the contract for work is similar to the contract of assignment (Umowa zlecenia).
We recommend that you call the hotline for safe travel and stay abroad before you leave 8-801-201-5555, free of charge throughout the Republic of Belarus, including from mobile operators MTS, Velcom and Life. Experienced specialists will tell you what to pay attention to when looking for a job in Poland, where to go in case of disputes, and provide a lot of other useful information.
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