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When planning a job change or entering into a B2B collaboration in Poland, one key aspect to pay attention to is the notice period. It’s not just a legal formality; it also affects workflow, job continuity, and financial security for both employees and contractors. In Poland, the rules around notice periods vary depending on the type of agreement, whether it’s an indefinite employment contract, a fixed-term contract, a probationary contract, or a B2B contract. In this article, we’ll explain the applicable regulations and practical guidelines for notice periods, helping employers, employees, and contractors navigate this important aspect of working relationships with confidence.
In Poland, standard notice periods depend on the type of contract, its duration, and the employee’s length of service. The regulations concerning notice periods are governed by the Labour Code, which defines specific rules for both indefinite and fixed-term employment contracts, as well as for probationary contracts.
Indefinite-Term Employment Contract
For an indefinite-term employment contract, the notice period depends on the employee’s length of service with a given employer. According to the Labour Code, the notice periods are:
- 2 weeks: if the employee has been employed for less than 6 months,
- 1 month: if the employee has been employed for at least 6 months but less than 3 years,
- 3 months: if the employee has been employed for at least 3 years.
The notice period begins on the first day of the month following the submission of the notice. For example, if an employee submits their notice on March 15th, the notice period starts on April 1st and ends on April 30th (in the case of a 1-month notice period).
Fixed-Term Employment Contract
In the case of a fixed-term employment contract, the regulations are more flexible. The notice period depends on the length of the contract, but unlike indefinite-term contracts, the periods are shorter:
- 3 working days: if the contract lasted less than 6 months,
- 1 week: if the contract lasted at least 6 months but less than 3 years,
- 2 weeks: if the contract lasted at least 3 years.
It is worth noting that a fixed-term contract may not include a notice period if both parties agree otherwise, for example, in the contract. These contracts often include clauses stating that the employment ends on a specified date without the need for notice.
Probationary Employment Contract
A probationary employment contract is a specific type of contract used to evaluate the qualifications of an employee and their suitability for the company and can last no longer than 3 months. According to the Labour Code, the notice period depends on the duration of the probation:
- 3 working days: if the probation period does not exceed 2 weeks,
- 1 week: if the probation period lasts from 2 weeks to 3 months,
- 2 weeks: if the probation period lasts 3 months.
It is also worth noting that an employer and an employee may terminate an employment contract with immediate effect (without observing the notice period) only in specific cases, such as a serious breach of duties by one of the parties, including failure to perform work duties, theft, or other serious misconduct. The notice period should be respected by both parties to the contract. If the employer decides to terminate the contract and the employee is not required to work during the notice period, the employer is obliged to pay the employee for that period. It is also worth mentioning that employment contracts concluded in Poland may include other notice periods more favorable to the employee if such terms have been individually agreed upon or specified in a collective agreement.
Notice Period in a B2B Contract
In B2B contracts, both parties have full freedom to determine the terms of cooperation, including the notice period. In practice, this means that each B2B contract may contain different provisions regarding the notice period, depending on the negotiations between the company and the contractor. Commonly used terms include:
- 14 days: usually used for contracts concluded for a definite period
- 30 days: the most commonly encountered notice period in B2B contracts
- No notice period: in some cases, a B2B contract may include provisions that allow for termination at any time, without the need to observe a notice period, as long as both parties agree.
In the case of a B2B (Business to Business) contract, which is a form of cooperation between two independent parties (e.g., between a company and a self-employed individual), the issue of the notice period is not regulated by the labour code, as it is a civil law contract, not an employment contract. The notice period depends on the terms agreed upon in the contract between the parties.
Additionally, B2B contracts may include a clause allowing for immediate termination without notice if one of the parties breaches essential terms of the contract or fails to fulfill their obligations. Examples of such situations include insolvency of one of the parties, failure to deliver agreed services, or non-payment.
How to Determine the Notice Period?
The notice period in a B2B contract is determined based on individual arrangements between the parties. In practice, it is a matter of negotiation and the terms agreed upon in the contract itself. It is advisable for both parties to establish an appropriate notice period at the very beginning of the cooperation to avoid misunderstandings if the need to terminate the contract arises. If a B2B contract is concluded for an indefinite period, a 30-day notice period is a common practice. For fixed-term contracts, the period may be shorter—typically around 14 days. If the B2B contract applies to a project with a defined completion date, it may not include any notice period at all and simply expire upon project completion.
In every case, it is recommended that the notice period terms be clearly defined in the contract to avoid future disputes and ensure transparency in the working relationship.
