Changes to Polish labour law (effective 1 January 2017)

By Karolina Stawicka


Minimum remuneration for civil law contracts

From 1 January 2017, remuneration for contractors providing services on the basis of mandate contracts and service contracts should be determined so that the contractor's remuneration for each working hour amounts to not less than PLN 13. Parties should determine in the contract the method for confirming the number of hours of the services provided. Businesses should now update provisions regarding contractors' remuneration. This can be done by concluding new contracts, or by amending existing ones. Any breach of the above obligation could result in a possible fine of PLN 1,000 to PLN 30,000.

Internal Rules and Social Benefit Funds

Until now the employer who employed at least 20 employees as of 1 January each year was obliged (with certain exceptions) to establish a company Social Benefit Fund (the "Fund"). From 1 January 2017, this threshold has increased to 50 employees. This also applies to Internal Rules, i.e. Work Regulations and Remuneration Rules, which are now also compulsory for employers employing at least 50 employees. However, the recent amendment states that the employer who employs between 20 and 50 employees will still be obliged to create Internal Rules and the Fund, if the company's trade union organisations request such.

More time for filing employee claims

From 1 January 2017, a new, unified term for an appeal before the labour court now applies. An employee now has 21 days to appeal against termination of an employment contract with notice, claim reinstatement or compensation for wrongful termination for cause, and claim conclusion of the employment contract when the candidate was not selected. Until now, employees had seven days to appeal against termination notice, and 14 days for claims concerning termination for cause, and for concluding the employment relationship.

New term for issuing employment certificates

If the employer concludes another employment contract with the employee within seven days from termination of employment, the employer will not be obliged to provide the employee with an employment certificate, unless the employee applies for one (in written or electronic form). If the employer decides not to continue the employment relationship, the employer must provide the employee with an employment certificate covering all work periods which were not previously certified, no later than seven days from termination of employment, or upon the employee's request. Until now, employers were obliged to issue employment certificates following 24 months of total time under employment contracts for probationary periods and definite terms.

Employee joint liability under entrusted property agreements

The recent amendment clarifies the wording of the current provision. Agreements for employee joint financial liability for entrusted property should now be concluded with employers in written form, otherwise invalid.

Minimum monthly salary

In 2017, the minimum remuneration for full time-work based on an employment contract amounts to PLN 2,000 gross.