HR and Payroll in Questions and Answers – Part 3

For what period can an employment contract be concluded?

The period for which an employment contract can be concluded is regulated by the provisions of the Labor Code. An employment contract can be concluded for a trial period, for an indefinite period and for a fixed period. A trial period contract can be concluded for a maximum of 3 months.

In the case of a planned conclusion of a fixed-term employment contract of less than 6 months, a trial period contract can be concluded for a maximum of 1 month.

In the case of a planned conclusion of a fixed-term employment contract of at least 6 months and a maximum of 12 months, a trial period contract can be concluded for a period not exceeding 2 months.

The total period of employment of an employee under a fixed-term employment contract cannot exceed 33 months, and the total number of contracts cannot exceed three. Exceeding the number of three contracts or the period of 33 months results in the employee automatically switching to an employment contract for an indefinite period, from the day following the expiry of the period of 33 months or from the date of conclusion of the fourth fixed-term employment contract.

What is the notice period for an employment contract?

The notice period for an employment contract depends on the type of contract concluded and the employee’s length of service with a given employer and is as follows:

In the case of an employment contract for a trial period:

– 3 working days if the trial period does not exceed 2 weeks

– 1 week if the trial period is longer than 2 weeks

– 2 weeks if the trial period is 3 months.

In the case of an employment contract for a specified and indefinite period:

– 2 weeks in the case of employment for less than 6 months,

– 1 month in the case of employment for at least 6 months

– 3 months in the case of employment lasting at least 3 years

What is the notice period for a contract for services?

The notice period for a contract for services is not regulated by specific legal provisions, and the Labor Code does not apply in this case. When concluding a contract for services, the parties are entitled to independently determine the notice period for the contract that binds them, and they themselves may indicate the reasons justifying the termination and dissolution of the contract without observing the notice period.

How can an employment contract be terminated?

An employment contract may be terminated by mutual agreement of the parties. This is definitely the fastest way to end cooperation between the parties. In this case, there is no need to justify the reason for terminating the contract, and the date of termination of work can be any, even from one day to the next, as long as both parties accept such a date.

An employment contract can also be terminated with the notice period. This can be done by either party to the contract. The contract can also be terminated without the notice period, in which case the written form should be maintained.

When terminating an employment contract, the employer is obliged to indicate the reason for the termination each time. The reason should be real and consistent with the facts.

The notice period covering a week always ends on Saturday. The notice period covering 1 month or a multiple thereof ends on the last day of the month.

Termination of an employment contract without the notice period should include information about the employee’s right to appeal to the labor court.

If you look for services we offer, please contact us:

Accounting office in Warsaw

PHONE: +48 22 292 47 21
EMAIL: biuro.warszawa@prwt.pl

Accounting office in Krakow

PHONE: +48 12 345 21 06
EMAIL: biuro.krakow@prwt.pl

HR and Payroll in Questions and Answers – Part 3
HR and Payroll in Questions and Answers – Part 3

For what period can an employment contract be ...

16 September 2024
HR and Payroll in Questions and Answers – Part 2
HR and Payroll in Questions and Answers – Part 2

What formalities must be completed before starting work?

Before ...

12 September 2024
HR and payroll in questions and answers – part 1
HR and payroll in questions and answers – part 1

Along with the bookkeeping services provided by our ...

9 September 2024
MORE