Poland: Noteworthy Recent Amendments To Polish Labour Law

In this labour law update we consider a number of valuable employer and employee legal issues which need to be taken into account.

Changes in the labour law:

  1. The date of conclusion of an employment contract
  2. Posting of employees
  3. Types of work forbidden for women
  4. Employment on the basis of civil law contracts
  5. Minimum remuneration for work

1. The date of conclusion of an employment contract

As of 1 September 2016, in accordance with amended article 29 § 2 of the Labour Code, an employer shall not allow a new employee to commence work until they have concluded a written employment contract. If this is not possible, the employer must confirm the basic elements of the agreement in writing, such as the arrangements concerning the parties to the contract, the type of the contract and conditions, such as the amount of remuneration, time and place of work performance.

According to newly amended article 104ł of the Labour Code, the employer shall also ensure that a new employee is familiar with the content of the workplace regulations prior to the commencement of work.

The amendment implies that the agreement or terms and conditions of employment must be presented to the employee in writing prior to the commencement of work. Previously, this was possible up to the end of the first day of work. The new regulation will facilitate effective control by the National Labour Inspectorate (the PIP), as within the meaning of the amendment, an employee who works in a workplace without a signed employment contract, is working illegally, even if it is his first day of work.

According to the amended article 281 of the Labour Code, an employer who fails to comply with these obligations, shall be liable to a fine from 1,000 up to 30,000 PLN.


To oblige HR Departments: i) to prepare a contract for a newly hired employee prior to the commencement of work, and ii) to ensure its signing before allowing the employee to work.

2. Posting of employees

As of 18 June 2016, new regulations on the posting of employees provided in the Act on the posting of employees within the framework of the provision of services of 10 June 2016 (the "Act") apply. The Act introduces a number of obligations primarily for employers who post workers to Poland.

The most important duties of the posting employer include:

  1. designation of the person authorised to contact with the National Labour Inspectorate (the "PIP"): The posting employer is obliged to designate the person empowered: i) to act as intermediary with the PIP; ii) to submit and receive documents or notices from the PIP; iii) to act on behalf of the posting employer in the course of inspections conducted by the PIP. The authorised person shall stay on Polish territory during the period of the employee's posting.
  2. submission of a declaration to the PIP containing the information necessary to conduct the inspection: The posting employer is obliged to submit a statement in writing or electronic form to the PIP, containing information necessary to carry out inspection in the workplace at the latest on the date of the commencement of posting. The statement shall include the identification data of the posting employer, the expected number of the posted employees to Poland and their identification data, the expected date of commencement and completion of postings, business addresses of the posted workers, the nature of the work performed by the posted workers, the identification data of the contact person, location of the storage of documents of the posted workers.
  3. storage of documents of the posted employee: During the period of the posting, the posting employer is required to retain the following documentation of a posted employee, on Polish territory, in paper or electronic form: i) a copy of the employment contract; ii) documentation of the working time of the posted worker; and iii) documentation specifying the employee's remuneration along with the amount of deductions made and evidence of remuneration payment.
  4. submission of documentation on request of the PIP: On request of the PIP, the posting employer is obliged to submit the documents abovementioned (point c) for inspection, their Polish translation/s, not later than five business days from the receipt of the request.

Moreover, within a two year period from the day of work completion by the posted employee, the employer is required to provide the PIP with documents referred to in point c, within 15 business days from the receipt of the request.


It is recommended to analyse the status of workers currently posted on Polish territory, as well as the addendum of mandatory documentation, and a notification to the PIP.

3. Types of work forbidden for women

As of 3 August 2016, the amendment to article 176 of the Labour Code, which originally prohibited the employment of women in certain professions considered to be particularly onerous or harmful for women's health, applies.

These are specified in the Regulation of the Council of Ministers concerning the list of work types especially onerous or harmful for women's health of 10 September 1996.

These regulations have been declared by the European Commission as incompatible with the provisions of Directive 2002/73/EC amending the Council Directive 76/207/EEC of 9 February 1976 regarding the implementation of the principles of equal treatment of women and men in terms of access to employment, vocational training and promotion, and working conditions.

The amended article 176 of the Labour Code prohibits only pregnant women or nursing mothers from certain types of work.

By the time the new regulation is released, not more than 9 months, the existing Regulation of the Council of Ministers concerning the list of works especially onerous or harmful for women's health of 10 September 1996 remains in force. At present a new regulation has not been issued.


The workplace regulations shall include a list of professions forbidden to women. Thus, the entry into force of the new regulation and the list of types of work especially onerous or harmful for women's health will result in the necessity to update the workplace regulations in this regard.

4. Employment on the basis of civil law contracts

The Act of 22 July 2016 on amendments to the Act for a minimum remuneration for work and some other acts ("the Act") introduces a minimum hourly rate for some civil law contracts. As of 1 January 2017, a minimum hourly rate will amount to 13 PLN per hour. This rate will be valorised annually just as a minimum monthly remuneration for work.

This regulation will apply to all mandate contracts and contracts on performance of services entered into by an entrepreneur with: a) a natural person that carries on economic activity and does not employ any employees nor enter into contracts with mandataries ("self-employed"); and b) any other natural person that does not carry on economic activity.

A minimum hourly rate will not apply to, among others, contracts where the mandatary decides on the place and time of a contract performance and remuneration is based on commission.

In civil law contracts the mandator shall:

  1. pay remuneration in cash;
  2. pay remuneration at least once a month;
  3. specify the manner of reporting the number of hours worked on performance of mandate or service during the conclusion of a contract. The lack of this provision results in the duty to take information on a number of hours worked from a mandatary in a date preceding a remuneration payment; and
  4. keep documents confirming the number of hours worked for a three year period from the day when remuneration is due.

The Act provides the prohibition of remuneration (from the minimum hourly rate) renouncement or transfer of such a right to another person. This provision is a protection of a mandatary's income and protection from abuse and attempts to bypass introduced regulations.

When more than one person performs the service, each of them individually has a right to a minimum hourly rate.

In the case of contracts concluded before 2017, by 31 December 2016 each of the parties may turn to the other with a motion to conduct negotiations concerning an agreement on a remuneration adjustment. If during 30 days from the motion application, the parties do not conclude the agreement, each may terminate the contract by notice specified in the contract or a two month notice period.


It is recommended to analyse current civil law contracts, conduct negotiations for remuneration adjustment and prepare for new duties arising from civil law contracts that will take effect from the beginning of 2017.

5. Minimum remuneration for work

As of 1 January 2017, minimum remuneration for work will be increased up to the amount of 2,000 PLN.

This change will increase the amount of maximum statutory severance pay for employees terminating employment relationships for reasons not related to the employees (amounting to 15 times the current minimum monthly remuneration) and an increased remuneration allowance for night shifts (amounting to 20 % of an hourly rate of pay calculated on the basis of the minimum remuneration for work). Remuneration for a stoppage duration, minimum compensation for discrimination or mobbing at work and an amount to which further deductions from a monthly remuneration may be made, will increase.


It is recommended that current remuneration structures be analysed and the remuneration adjusted to conform with the statutory requirements for employees with the lowest remuneration.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.