An Overview of the Main Statutory Benefits
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An employer is required to pay 9.76% of the employee’s gross salary towards their pension on a monthly basis.
An employee is required to pay 9.76% of their gross salary towards their pension on a monthly basis.
Sickness:
- Any employee aged 50 years old or younger is entitled to up to 33 sick days per year paid by the employer (after 33 days, social security will make the payments).
- If an employee is older than 50 years old, they’re only entitled to 14 sick days paid by the employer. All days over that will be paid by social security.
- Sick leave pay is paid at 80% of the employees’ normal salary or 100% if the illness occurred during pregnancy or a work-related accident.
Maternity leave
All women in Poland are entitled to 20 weeks of maternity leave. Up to six weeks can be taken before the delivery. The mother can transfer up to six weeks of her maternity leave to the father.
Paternity leave
All men are entitled to two weeks paternity leave which can be taken all at once or in two seven-day stints. This can be used anytime up until the child is 24 months.
Parental leave
In addition to paternity and maternity leave, there are 36 months of parental leave. This time is unpaid and can be taken up until the end of the calendar year in which the child turns six years old. 34 months of this time can be allocated between the mother and the father however they choose, while one month is directly allocated to the father and one month is directly allocated to the mother.
Contractual Provisions
Electronic contracts are recognised by Polish law. A person’s intent can be expressed by any action, including in an electronic form (declaration of intent) (Article 60 Civil Code).
A probationary period in Poland cannot be longer than three months for regular employees and no longer than six months for chief officers. The probationary period cannot be longer than 50% of the employment contract.
Full-time employment in Poland is considered an average of eight hours a day and 40 hours per week. Employers are required to keep accurate records of working hours to ensure an employee’s average working hours do not exceed this.
Overtime is paid at 150% of the employee’s normal rate. If the overtime the employee is required to work is at night, on a Sunday, on a public holiday or any day that was meant to be non-working, then overtime must be paid at 200% of the normal rate.
Employees who have worked a continuous six hours are entitled to a 15-minute break.
If an employee works at a computer, they’re entitled to a five-minute break every hour.
Many employees give their employees an hour break per day, but this is not required by law.