The regulations described below apply to the employment relationship, but do not apply to the performance of civil law contracts (such as a contract of mandate or contract for specific work). Note: In civil law contracts, days off and vacations can be regulated according to the will of the parties, but if the parties do not regulate these issues, the provisions of the Labour Code do not apply.
Working time
The basic working time in Poland is 8 hours a day and an average of 40 hours a week. The regulations allow different systems and schedules of working time – it is permissible to work for 12 hours a day, and in some situations – 16 hours (supervision of equipment or being on standby for work), or even 24 hours (protection of persons, guarding property, firefighting and emergency services). Intermittent working time and task-based working time systems are also permitted.
Overtime work is permitted. Overtime work is paid with either additional pay or additional time off. The law also regulates night work and work on holidays.
Legal basis:
Articles 131, 151-15112 of the Labour Code of June 26, 1974 (i.e., Journal of Laws of 2023, item 1465; of 2024, item 878, 1222);
Certain categories of employees (for example, parents of young children) have the right, at their request, to work under the working time system of their choice.
The law provides for special working time regulations for certain categories of employees (for example: young workers, disabled workers, pregnant women).
Legal basis:
Article 1421, Article 148, and Article 2002 of the Labour Code of June 26, 1974 ( Journal of Laws of 2023, item 1465; of 2024, item 878, 1222);
Article 15-16 of the Act on vocational and social rehabilitation and employment of persons with disabilities (Journal of Laws of 2024, item 44, 858, 1089, 1165, 1494).
Rest periods
As a general rule, an employee is entitled to 11 hours of uninterrupted rest per day and a minimum of 35 hours of uninterrupted rest per week (in some situations – a minimum of 24 hours).
Employees are entitled to breaks, included in working time, the amount of which depends on the working time on a given day. If an employee works a minimum of 6 hours in a given day, they are entitled to one break, lasting 15 minutes, if the working time exceeds 9 hours – there are two breaks of 15 minutes each, and if it exceeds 16 hours – there are three 15-minute breaks.
Legal basis:
Art. 132-134 of the Labour Code of June 26, 1974 (Journal of Laws of 2023, item 1465; of 2024, item 878, 1222);
The right to an additional break (15 minutes) is granted to people with moderate or severe disabilities, while nursing mothers are entitled to two half-hour breaks included in their working time (or 45 minutes if they are nursing more than one child).
Legal basis:
Disabled persons: Article 17 of the Act on vocational and social rehabilitation and employment of persons with disabilities (Journal of Laws of 2024, item 44, 858, 1089, 1165, 1494).
Breastfeeding mothers: Article 187 of the Labour Code of June 26, 1974 ( Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
Employee vacations
They are due to employees (i.e., people employed under an employment contract). There are various types of leaves and vacations, most of which are paid and count towards seniority. The law specifies which types of leaves and exemptions are unpaid and do not count towards seniority. The amount of paid vacation leave can be 20 days (for an employee with less than 10 years of seniority) or 26 days (for an employee with at least 10 years of employment). The right to leave cannot be waived.
An employee’s period of service includes the time of schooling and periods of previous employment, including abroad.
If the employee was hired during the calendar year, they are entitled to 1/12 of the leave for each month worked. If an employee works part-time, they are entitled to leave in proportion to their working hours. Incomplete vacation days are rounded up to the nearest day. The leave accrued in a given year should be granted in accordance with the leave plan, and may be granted in full or divided into parts (at least one part of which should provide the employee with an uninterrupted 14-day rest). Leave not used in a calendar year may be used until the end of September of the following year. In the event of unused vacation in whole or in part due to termination or expiration of the employment relationship, the employee is entitled to a cash equivalent.
Legal basis:
Articles 152-1741 of the Labour Code of June 26, 1974 ( Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
Leave on demand
Part of an employee’s vacation entitlement, up to 4 days per calendar year, may be granted at the request of the employee, notified no later than the date the vacation begins. This means that the employee does not have to agree in advance with the employer on this leave, and can use it, for example, in case of an unforeseen need.
Legal basis:
Art. 1672 of the Labour Code of June 26, 1974 (Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
Special vacations
For important life events, such as one’s own wedding, the birth of a child or the death of a loved one, an employee is entitled to additional vacation days. The circumstances giving rise to such leave must be documented. Labour laws also provide for other exemptions from work (e.g., for blood donation, mandatory appearance before a court or public authority).
Detailed regulations are contained in the Regulation of the Minister of Family, Labour and Social Policy on the manner of excusing absences from work and granting exemptions from work to employees (Journal of Laws of 2014, item 1632).
Training leave
If an employee improves their professional qualifications on the initiative or with the consent of their employer, they are entitled to training leave for this purpose in the amount specified in the Labour Code.
Legal basis:
Articles 1031 -1032 of the Labour Code of June 26, 1974 ( Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
Unpaid leave
At the written request of an employee, an employer may grant an employee an unpaid leave of absence. Such leave does not count towards seniority.
Legal basis:
Articles 174 and 1741 of the Labour Code of June 26, 1974 (Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
Caregiving leave
Is granted for 5 days per year to provide personal care or support to a person who is a member of the family or resides in the same household, and who requires care or support for serious medical reasons.
Legal basis:
Articles 1731-1733 of the Labor Code of June 26, 1974 (Journal of Laws 2023, item 1465, 2024, item 878, 1222).
Vacations related to parenthood
The Labour Code also provides for special leave related to parenthood, which are described below.
Maternity leave
Ranges from 20 weeks (for the birth of one child) to 37 weeks (for the birth of five or more children in one birth). It is granted in full weeks. The mother must use a minimum of 14 weeks (with a maximum of six weeks before the expected date of delivery), and the father can use the rest.
In special cases – e.g. illness, death of the child’s mother, abandonment of the child by the mother, the father or another member of the child’s immediate family may use a larger portion of the maternity leave.
Legal basis:
Articles 180 – 182 of the Labour Code of June 26, 1974 (Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
Paternity leave
The father is entitled to an additional 2 weeks of paternity leave, which they can use in the first 12 months of the child’s life. It can be taken either in full or in two parts, each lasting one week.
Legal basis:
Article 1823 of the Labour Code Act of June 26, 1974, (Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
Parental leave
Employees who are parents are entitled to parental leave for a total of either 41 weeks or 43 weeks (depending on the number of children born at one birth). In case of severe illness or disability of the child, the leave is longer.
The total leave can be divided between the parents, except that each parent has the exclusive right to take 9 weeks of parental leave. Parental leave is granted either once or in no more than 5 parts no later than the end of the calendar year in which the child turns 6.
Legal basis:
Article 1821 a of the Labour Code Act of June 26, 1974 (Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
Parental leave
Is granted to employees who have been employed for at least 6 months, up to 36 months, to be taken by both parents (with each parent having the exclusive right to 1 month of this leave). The leave must be taken by the end of the calendar year in which the child turns 6.
Due to the child’s health condition confirmed by a disability certificate or a disability degree, if the child requires the personal care of the employee, additional parental leave of up to 36 months may be granted (for a period not exceeding the child’s 18th birthday).
Parental leave is unpaid.
Legal basis:
Art. 186 of the Labour Code of June 26, 1974 (Journal of Laws of 2023, item 1465; of 2024, item 878, 1222).
Information current as of: .
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