# Polish labour law for foreign (US) employers

> New to hiring in Poland? No at-will, notice periods, paid leave, sick pay — the Polish Labour Code essentials a US employer needs before an offer.
> Source: https://certapoland.com/guides/polish-labour-law-for-foreign-employers/

Brandon thought he had this hiring thing figured out. He'd done it dozens of times in the US.

He's the COO of an American SaaS start-up, and he wants to hire his first person in Poland — a strong customer-support specialist to run support across European business hours. He approached it the American way: a quick offer, a few lines about pay, start next week. "And if it doesn't work out," he told his head of HR, "we part ways overnight. That's normal where we are."

His head of HR, who had hired in Europe before, asked him to sit down for a moment.

Because "overnight" doesn't exist in the Polish Labour Code. An employee in Poland has a notice period, paid leave, sick pay and protection against dismissal — and when it's the employer who ends an open-ended contract, they must also give a specific reason. Not because anyone wants to make Brandon's life hard. It's simply that work performed in Poland is protected by Polish employment law, regardless of where the company is based.

This piece is a map of the terrain for a foreign — especially American — employer who, like Brandon, is stepping into the Polish Labour Code for the first time. High-level: what will surprise you and what to watch for before you make your first offer.

*(Legal state: July 2026. Employment law applies to work performed in Poland regardless of where the employer is based. Whether a company from outside the EU/EEA — including the US — can use our direct-employment model is something we check case by case. This is general information, not legal or tax advice; the characters are illustrative examples.)*

## The short answer: there's no "at-will" in Poland

The most important shift in mindset for Brandon: **in Poland, you don't dismiss "overnight".** An employment contract comes with a notice period, and when it's the employer who gives notice — on a fixed-term or open-ended contract — they must, as a rule, give a specific reason. On top of that: paid leave, sick pay, working-time limits, and protection for certain groups (for example, during pregnancy or in the pre-retirement protection period).

Below, the key elements worth knowing before you make your first offer.

## The employment contract and its types

The terms of a Polish employment contract are confirmed in writing no later than before the employee is allowed to start work, and the contract has clearly defined elements (position, pay, working time, place of work). It comes in three forms:

- **probationary** — short, to see how things go (usually up to 3 months),
- **fixed-term** — for a set period, with limits on length and on the number of such contracts,
- **open-ended** — the most stable, with the strongest protection for the employee.

The further along that trio you go, the greater the protection and the longer the notice period. That's the opposite of the flexibility Brandon is used to — and it needs planning, not discovering after the fact.

## Working time and overtime

The standard is **eight hours a day and, on average, 40 hours a week** over the applicable reference period. Work beyond the norm is overtime, for which a premium or time off in lieu is due, and there are annual limits. For a company used to "we work until it's done", that's a real difference: working time has to be recorded and accounted for.

## Leave and public holidays

An employee is entitled to **paid annual leave — typically 20 or 26 days a year**, depending on length of service (which also counts years of education). Note: from 2026, length of service counts more broadly — including periods of self-employment (a sole proprietorship), civil-law contracts and work abroad — which for some people increases both the leave entitlement and the notice period; the actual length of service is worth establishing individually. On top of that come the statutory public holidays. Leave is an employee's right, not a "benefit to negotiate", and generally it can't be exchanged for a cash payment — except in strictly defined situations, such as on termination.

## Sickness and insurance

When an employee is ill, for the first period in the year (typically 33 days) sick pay is funded by the employer, after which a benefit is paid by the Polish social security authority (ZUS). The employee is covered by social insurance on their full salary — pension and health cover accrue normally. For an American employer, that's another concept foreign to the "at-will" model.

## Ending the contract: notice and protection

This is where Brandon's original plan — "I'll let them go overnight" — falls apart. **As a rule, there is no dismissal "on the spot"** — except in strictly defined cases, such as disciplinary dismissal for a serious breach of duties (Article 52 of the Labour Code). The notice period depends on the type of contract and length of service (usually from a few days on a short probation to three months). When it's the employer who gives notice — on a fixed-term or open-ended contract — they must state a genuine, specific reason. Certain groups are additionally protected against dismissal. Parting with an employee therefore has to be planned — it's a process, not a single conversation.

## Minimum wage

Poland has a statutory minimum wage, set each year. **In 2026 it is PLN 4,806 gross per month** (about PLN 31.40 gross per hour; Regulation of the Council of Ministers, Journal of Laws 2025, item 1242) — a figure updated yearly, so it's always worth checking the current one. Pay under an employment contract can't be lower, and on a full-time contract the employer must ensure compliance.

## What this map doesn't cover

We've deliberately kept this to the foundations. Beyond them are a few areas that a real hire also has to get right, and that a single paragraph won't settle:

- remote work and its rules (a separate chapter of the Labour Code),
- employee capital plans (PPK),
- pre-employment medical checks and health-and-safety training before work starts,
- pay transparency (new information duties),
- data protection (GDPR) in recruitment and employment,
- the risk of creating a permanent establishment (PE), if the role is a decision-making or commercial one — a separate topic we unpack in our article on [hiring decision-makers and PE](https://certapoland.com/guides/permanent-establishment-poland-hiring-decision-makers/).

And if, instead of employment, you're considering a B2B arrangement, that's another story with its own risk (misclassification) — we cover it in our article on [hiring IT specialists](https://certapoland.com/guides/employee-vs-b2b-hiring-it-contractors-poland/).

## What to check before you hire in Poland

- Which type of contract fits the role, and how long will the notice period be?
- Does the plan for working time and overtime fit within the limits?
- Does the budget account for paid leave, sick pay and full social-security and health-insurance contributions?
- As a company from outside the EU/EEA (e.g. the US), can you use direct employment in Poland at all?

## Hiring your first employee in Poland and don't want to get lost in the rules?

Like Brandon — before you make an offer, it's worth knowing the rules of the game: notice, leave, working time, contributions. A separate question is the risk of creating a permanent establishment (PE) — we check that in the assessment too. **Book a free assessment** — we'll take you through the basics and check how to employ someone legally in Poland, including whether your case (e.g. a US company) qualifies for direct employment without setting up a company.

[Book a free assessment →](https://certapoland.com/book-assessment/)

---

**Related:**

- [Hire an employee in Poland without your own entity](https://certapoland.com/hire-employees-in-poland/)
- [Packages and how the routes compare: Assessment / Setup / Ongoing](https://certapoland.com/employer-setup-compliance/)

*This page is general information about a service, not legal or tax advice. We confirm specific solutions in writing, with a licensed lawyer or tax adviser where needed.*

## Sources

- ISAP / Dziennik Ustaw — Labour Code — the source text of employment-law provisions: https://isap.sejm.gov.pl
- ISAP / Dziennik Ustaw — Minimum wage 2026 — Council of Ministers regulation (Journal of Laws 2025, item 1242): https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20250001242
- State Labour Inspectorate (PIP) — Employer duties, working time, inspections: https://www.pip.gov.pl
- ZUS — Insurance, benefits, contributions: https://www.zus.pl
- Biznes.gov.pl — Formalities of employment and running a business: https://www.biznes.gov.pl