Poland: Employee rights

Original authors: Mark Carley and Anna Ludwinek
Updating author: Kalina Jaroslawska

See the legal services provided by the updating author of International > Poland, including any discounts/offers for subscribers.

Summary

• Most of the measures introduced by the Government to deal with the coronavirus (COVID-19) outbreak have been lifted. (See Coronavirus - emergency measures)
• There are various rules for employees' hours of work, including particular restrictions for disabled and night workers. (See Hours of work)
• Employees are entitled to minimum rest breaks and rest periods. (See Rest breaks and rest periods)
• Work on Sundays and public holidays is permitted only in certain circumstances. (See Sunday work)
• There are various rules regarding minimum paid annual leave for employees and when it may be taken. (See Holidays and holiday pay)
• Pregnant employees, new mothers and adoptive parents have various rights. (See Maternity and pregnancy rights)
• Employees may be entitled to paternity leave. (See Paternity leave)
• Employees may take childcare leave. (See Childcare leave)
• Employees are entitled to other paid leave for various family-related reasons. (See Other family-related leave)
• The terms of a part-time employee's employment contract may not be less favourable than those of a comparable full-time employee engaged in the same or similar work, although part-timers' entitlements in some areas are pro rata. (See Part-time workers)
• A fixed-term employee may not be treated in a less favourable manner than a comparable permanent employee in relation to conditions of employment. (See Fixed-term workers)
• Workers posted temporarily to work in Poland from other EU member states are covered by certain areas of Polish employment law. (See Posted workers)
• Employment legislation regulates remote working. (See Remote workers)
• If a business or part of it is transferred to a new owner, its employees also transfer. (See Transfers of undertakings)
• The pay-related entitlements of employees whose employer has become insolvent are protected by the Guaranteed Employees' Benefits Fund. (See Insolvency of employer)
• The law provides employers and employees with opportunities to seek amicable resolution of any disputes arising with regard to the employment relationship, before they are referred to the courts. (See Grievance and disciplinary procedures)
• Employers are obliged by law to prevent "mobbing", which is basically defined as harassment or intimidation. (See Bullying and harassment)
• There are various rules regarding the processing and use of employees' personal data. (See Data protection)
• Individuals who have reported or made a public disclosure of information concerning a breach of law are protected by law. (See Whistleblowing)