Jackson & Frank | Workforce Solutions in Poland

Maternity Leave

Expecting mothers who are employed in Poland have the right to avail themselves of up to 20 weeks of paid maternity leave. This includes a mandatory 6-week leave period after childbirth. In the case of multiple births or complications, employees are entitled to take up to 31 weeks of paid maternity leave.

In Poland, expecting mothers employed have the right to up to 20 weeks of paid maternity leave, including a mandatory 6-week post-childbirth period. In cases of multiple births or complications, the entitlement extends to 31 weeks. Maternity leave is compensated at 100% of the gross salary, with reimbursement options available through the Polish Social Insurance Institution (ZUS). There is no minimum service period requirement, and employers cover the costs of antenatal appointments. Compliance with Polish labor laws and relevant regulations is crucial in implementing these provisions.

Paternity Leave

The partner of an employee who has recently become a parent is entitled to paid leave equivalent to their weekly working hours (5 working days for full-time employment). This paid leave should be utilized within the initial two weeks following childbirth. Additionally, the employee has the right to take "short absence leave" for the actual birth itself.

The employer covers the expenses of birth leave. In the first six months post-birth, there is an extra leave period of 2 weeks for full-time employees ("additional birth leave"). This particular leave is unpaid by the employer. An employee opting for this additional leave may qualify for state benefits, subject to local regulations.

Ensure compliance with Polish labor laws and any applicable collective agreements when implementing paternity leave policies.

Parental Leave

In Poland, parents with children under 8 are entitled to parental leave, equivalent to 26 times their weekly working hours for each child. The initial 9 weeks are paid by the government, covering a percentage of the regular salary up to a specified limit. Following the paid period, an additional 17 weeks of unpaid leave can be negotiated and distributed over the child's first 8 years. The flexible scheduling provides parents with the opportunity to balance work and family responsibilities.

During the first 9 weeks, parents receive financial support from the government, ensuring 70% of their regular salary, capped at 70% of the maximum daily wage. This paid parental leave is applicable until the child reaches one year of age. Employers have the option to apply for an allowance for the paid parental leave through relevant authorities in Poland, underlining the importance of adherence to local labor laws and regulations.

Sick Leave

Employers in Poland are mandated to provide sick employees with their salary for a duration of up to 182 days, with the wage payment comprising 80% of the last earned salary. During the subsequent period, if the illness persists, social security benefits come into play, covering 70% of the salary, capped at a specified limit. Typically, employment contracts stipulate that the employer will cover 100% of the employee's full salary for the initial sick leave period, and 80% during the subsequent period covered by social security. It is important to align with local labor laws and individual employment contracts to ensure compliance with sick leave policies in Poland.

Termination Requirements

Terminations in Poland must adhere to specific regulations and the terms outlined in the employee's contract. The off-boarding process is typically managed by the employer in collaboration with key stakeholders, encompassing any necessary fees and adhering to the prescribed steps for specific termination cases.

Process Management: Employers handle off-boarding with stakeholders and address fees.
Valid Reasons: Termination requires a valid reason and lack of redeployment opportunity.
Grounds for Termination: Recognized reasons include redundancy, long-term disability, underperformance, etc.
Complex Procedures: Unilateral termination without consent or authority approval is generally prohibited.
Preferred Mutual Consent: Seeking mutual agreement is often preferred for compliance and avoids governmental permission.

In Poland, an employer can terminate an employment agreement based on valid reasons, such as redundancy or long-term disability, provided there is no suitable redeployment opportunity. Termination is intricate, typically requiring mutual agreement to comply with labor laws and avoid unilateral action without employee consent or approval from authorities, like labor courts.

Notice Period

In Poland, when termination occurs through mutual consent, notice periods are typically required to secure the employee's agreement. The duration of the notice period can range from 1 to 3 months, depending on the employee's length of service. Notice periods commence at the end of the month.

Notice periods are determined as follows:

Less than 3 years of service: 2 weeks' notice
Between 3 and 6 years of service: 1 month's notice
Between 6 and 9 years of service: 2 months' notice
9 years or more of service: 3 months' notice

Severance for Employees

In Poland, when termination occurs by mutual consent, severance payments may be negotiated, typically ranging from 1 to 3 months of salary, depending on the circumstances. If termination is mandated by the court or relevant authorities, statutory severance pay is required, approximately equivalent to 1/3 of the gross monthly salary per year worked.

To mitigate financial risks associated with terminations, our company applies a Severance Accrual to all employment agreements in Poland. This calculation aligns with prevailing statutory entitlements and local best practices. Any unused amounts in the event of employee resignation or absence of severance entitlement are returned to the employer.

Paid Time Off

The legal minimum number of vacation days for an employee in Poland is determined by the employment period. In general, employees are entitled to at least 20 days of paid leave per year. However, many employers in Poland typically offer their employees 26 days of paid vacation.

The exact entitlement may vary based on individual employment contracts, collective agreements, or company policies. Compliance with Polish labor laws and regulations is essential in determining and granting paid time off.

Public Holidays

Poland observes several national holidays throughout the year.

The key public holidays include:

New Year's Day (Nowy Rok) - January 1st
Epiphany (Święto Trzech Króli) - January 6th
Easter Sunday (Wielkanoc) - Date varies (April 21st in 2024)
Easter Monday (Drugi dzień Wielkiej Nocy) - The day after Easter Sunday
National Labour Day (Święto Pracy) - May 1st
Constitution Day (Dzień Ustanowienia Konstytucji 3 Maja) - May 3rd
Corpus Christi (Boże Ciało) - Thursday after Trinity Sunday (June 30th in 2024)
Polish Armed Forces Day and the Feast of the Assumption of Mary - August 15th
All Saints' Day (Wszystkich Świętych) - November 1st
Independence Day (Narodowe Święto Niepodległości) - November 11th
First Day of Christmas (Pierwszy dzień Świąt Bożego Narodzenia) - December 25th
Second Day of Christmas (Drugi dzień Świąt Bożego Narodzenia) - December 26th

Onboarding

Onboarding typically takes 2 business days after the client signs the Statement of Work (SOW).

Salary Requirements

At Jackson and Frank, the holiday allowance in Poland is included in the annual salary. This means that the employee's annual salary on the Jackson and Frank platform will comprise both the annual base salary and the holiday allowance.

When calculating the employee's annual salary, it's crucial to consider both the base salary and the holiday allowance.

The holiday allowance, set at 8%, is invoiced monthly as an employer cost, separate from the salary.

Employment Contract Details

In Poland, it is not mandatory to have a Polish version of the employment agreement; an English-only version is generally accepted and commonly practiced.

A contract in Poland should include:

Name
Start date
Length of the employment
Job description
Termination conditions

It is a widespread and advisable practice to provide a fixed-term employment contract to evaluate the compatibility of the working relationship before progressing to a permanent arrangement. Generally, consecutive fixed-term contracts are allowed in Poland, with an aggregate duration limit, although specific regulations may dictate the terms. Ensuring adherence to Polish labor laws is crucial when formulating employment contracts in the country.

Probation Period

In Poland, probationary periods are permissible but must adhere to specific regulations. For indefinite term employment agreements, the probationary period can extend up to 3 months. In the case of fixed-term employment agreements lasting 2 years or more, a probationary period of up to 3 months is also allowed. For fixed-term contracts of less than 2 years but a minimum of 6 months, a probation period of 1 month can be agreed upon.

It is important to note that under Polish law, probationary periods generally cannot be extended. Compliance with Polish labor laws is essential when establishing probationary periods in employment agreements.

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