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Legislation Monitoring Centre
In Poland there is neither an internet portal nor an institution for employers responsible for monitoring the legislation process of regulations that determine the rules for business activity. At present employers  learn about changes in the law mainly from mass media or simply through the grapevine, usually with delay.



Representative employers’ organizations have formulated a position on fixed-term contracts


Representative Employers’ organizations (Employers of Poland, Lewiatan, Business Centre Club and the Polish Crafts Association) have signed a position paper regarding the amendments in fixed-term contract regulations in the Labour Code proposed by the Ministry of Labour and Social Policy. They have also expressed their willingness to continue participating in legislative works on legal regulations pertaining to this topic.


Employers organizations‘ support initiatives which contribute to stabilizing employment on the basis of fixed-term contracts. Employers of Poland consider the draft prepared in this regard by the Ministry of Labour and Social Policy to be a balanced proposition, but at the same time, we have some objections – we believe that it should take the specific characteristics of Polish labour market into account to a greater degree. We would also like stress that excessive fixed rules in this regard may bring results contrary to intentions – instead of contributing to wider use of non-fixed-term contracts it may lead to increased popularity  of non-employment labour forms. 


  • We do not agree with the proposed limit on the duration of fixed-term contracts. A limit of 33 months and 3 fixed-term contracts is unacceptable. Apart from that, we are of the opinion that a limit of 2 years and 9  months is removed from market realities, as contracts are most often signed for full years. We would like to maintain our previously expressed stance that the limit should be established at 48 months.
  • The project takes our suggestions regarding the need to formulate a catalog of exceptions to limiting fixed-term employment. However, we do not support the obligation to notify  the Labor Inspectorate of the signing of such contract within 5 working days and to justify the use of such an employment form.
  • We have very serious objections towards the suggested elimination of deputy contracts and contracts for the duration of specific work from the Labour Code. According to the project, they would function as exceptions to the 33-month limit. We would like to stress that the Labour Inspection does not signal irregularities in implementation  of such contracts. Thus, we believe that liquidating the separate status of such documents is unjustified.
  • We do not accept the new formula of trial contracts. We postulate extending their duration unconditionally to 6 months. In current conditions when companies implement modern solutions and atypical labour organization schemes one cannot assume that a trail period of only 3 months is rational.
  • With the ruling of the Court of Justice of the European Union in mind, we support linking the length of the termination period with work experience when it comes to fixed-term contracts. However, we do not support introducing a two-week termination period in seasonal and ad hoc labour, as in reality these forms of employment last only for a short period of time.
  • Our objections extend to interim regulations. We are concerned that applying new regulations to fixed-term contracts currently in force may  result in their termination. For this reason, we suggest that new regulations only apply to contracts signed after they come into force. This will prevent infringing on constitutional principles of law not being retroactive and the trust of citizens in the state and its law.


Apart from that, representative employers’ organizations postulate the following solutions:


  • Removing the obligation to justify terminating a contract for an unspecified term in companies with less than 20 employees;
  • Restricting the catalog of employees subject to extraordinary job protection, particularly shortening the 4-year pre-pension protection period (article 39 of the Labour Code);
  • Modifying regulations on the consultation of terminating a contact for an unspecified term by introducing parallel instead of prior control;
  • Removing restrictions on the kind of work permitted to a temporary employee;
  • Prolonging the employment period for temporary employees to 24 months.
  • The position paper in full Is available below (in Polish).