Rights and Obligations of Foreign Workers in Poland

These are the presentations used by the Polish National Labour Inspectorate / Państwowa Inspekcja Pracy during the seminar that they have given to Filipino Workers in the Philippine Embassy in Warsaw.

For further questions, you can contact the Philippine Embassy at
Address: ul. St. Lentza 11, 02-956 Warsaw, Poland
Tel.: +48 22 490 2025
Mobile: +48 694 491 664
Hotline: +48 694 736 488
E-mail: Warsaw.PE@dfa.gov.ph

Click here for free legal advice on labour law

- PINOY WORKERS IN POLAND





REGULAR EMPLOYMENT CONTRACTS (UMOWA O PRACĘ)

Those contracts are regulated by the Labour Code. When you sign one of them you are entitled to paid holidays, maternity and childcare leave, severance pay in the event of collective redundancies and the dole lasting 6 months after leaving your work. Additionally, if you are planning to take a mortgage you would be considered a person with a stable income. However, for employers, this is the most expensive contract so it is not so easy to get it.

There are a few types of regular contracts:

1. For a trial period (contract for a trial period of no more than three months).
2. For a fixed period (a third subsequent fixed-term contract is signed, it is deemed to have become an indefinite term contract).
3. For the time of completion of a specified task.
4. For an indefinite period
5. To replace an employee – in the event of his or her justified absence from work the employer can hire another worker under a fixed-term employment contract for the period of absence.

CIVIL ONTRACTS

Those contracts are regulated by the Civil Code, which differs from the above mainly in that they specify a piece of work to be done within a defined period of time, quite often without setting working hours; the most popular ones, among many others, are the following two:

1. Umowa zlecenie (contract of mandate) concluded for a performance of a specified activity - This type of contract does not impose daily or weekly time limits for performing the work, do not necessitate the payment of overtime, do not require the creation of internal rules of employment, and do not give the mandatory social protection.
2. Umowa o dzieło concluded for the achievement of a specific result - Contracts to perform a specified task or work are frequently concluded because they are not subject to social security contributions. However, if a firm concludes a contract to perform a specific task or work with an employee, it is obliged to pay social security contributions just as in the case of a contract of employment.

Related post: Education and Work of Foreigners In Poland