Key Changes in Probationary Employment Agreements

In 2023, Poland introduced crucial amendments to probationary employment agreements, aligning regulations with a dynamic labour market. These changes primarily focus on shortening the probationary period, limiting contract extensions, and ensuring transparency in employment practices.

1. Shortened Maximum Probationary Period

The maximum probationary period has been reduced. A one-month probation applies for contracts lasting less than six months. For contracts between six and twelve months, the probationary period may last up to two months. A three-month probation suggests the next contract could be for at least 12 months or indefinite.

2. Restrictions on Extending Probationary Agreements

Employers can no longer arbitrarily extend probationary agreements by signing consecutive probationary contracts with the same employee. An extension is permissible only once, for a maximum of one additional month, if justified by the nature of the work.

3. Subsequent Employment Agreement with the Same Employee

Re-entering into a probationary agreement with the same employee is allowed only if the employee will perform a different type of work. Simply changing the job title does not justify another probationary contract if the duties overlap with those previously performed.

4. Justification for a Probationary Agreement

Employers must now justify probationary agreements, ensuring they are used to assess the employee’s qualifications and suitability for specific work. This change enhances transparency and prevents misuse of probationary contracts as a way to avoid regulations on fixed-term or indefinite agreements.

5. Changes in Termination Procedures

The notice period for terminating a probationary agreement varies with its duration. It ranges from three working days for periods up to two weeks, one week for periods longer than two weeks, and two weeks for a three-month probation. Employers are not required to justify the termination but must provide it in writing, informing employees of their right to appeal to the labour court. Employees can learn the reason for termination under Article 294 § 3 and 4 of the Labour Code.

In Summary

The 2023 amendments to probationary employment agreements aim to protect employees and promote stability. By shortening probation periods, limiting extensions, requiring justifications, and clarifying termination rules, these changes ensure fair treatment and transparency in employment practices. This should foster trust and improve working conditions in Poland.

360 Business Law provides expert legal support to navigate employment agreements, including recent changes in Polish labour law. Their team drafts and reviews contracts, ensuring your employment practices comply with legal requirements. They help businesses avoid legal pitfalls and ensure fair employee treatment. 360 Business Law offers personalised solutions to fit your organisation’s unique needs. Their proactive approach keeps your business ahead in an evolving legal landscape.

Key Takeaway Points

  1. Expert Legal Guidance: 360 Business Law provides specialised advice on navigating recent changes in employment law.
  2. Contract Compliance: Ensures your employment agreements comply with the latest legal requirements.
  3. Risk Mitigation: Helps businesses avoid legal disputes and protect against potential liabilities.
  4. Personalised Solutions: Offers tailored legal services to meet the unique needs of your business.
  5. Proactive Support: Keeps your business up-to-date with ongoing changes in labour laws.

By Katarzyna Szulc

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