Poland has become one of Europe’s most attractive hiring destinations for global companies, particularly across technology, engineering, shared services, finance, customer support, and R&D roles. Its large, skilled workforce and EU membership make it a preferred location for nearshoring and long-term expansion. At the same time, Poland operates under a structured and employee-protective labour law framework, where early employment decisions especially during probation must follow strict legal rules.
The probation period (okres próbny) in Poland is explicitly regulated under the Polish Labour Code (Kodeks pracy). It is not an informal trial arrangement and does not suspend employee rights. While probation offers employers more flexibility than indefinite contracts, termination during probation must still comply with statutory requirements. Mismanaging probation frequently leads to unlawful termination claims, labour court disputes, and compensation risk.
This 2026 guide explains how the probation period works in Poland, employee rights during probation, contract duration limits, termination rules, notice requirements, and how using an Employer of Record (EOR) in Poland helps global companies hire compliantly without setting up a local entity.
What Is a Probation Period Under Polish Labour Law?
In Poland, the probation period (okres próbny) is a legally recognised employment phase regulated under the Labour Code. Its purpose is to allow both employer and employee to assess whether the employment relationship is suitable before entering into a longer-term arrangement. However, probation operates within a clearly defined statutory framework.
For global employers, probation in Poland must be treated as a formal employment contract, not a flexible trial arrangement. Courts focus on whether the probation contract complies with legal limits and whether termination followed lawful procedures.
Legal Nature of Probation in Poland
Under Polish labour law:
- Probation must be agreed in writing
- Probation is governed by a separate employment contract
- Employee rights apply from the first day of work
- Termination during probation must comply with statutory notice rules
Probation provides limited flexibility but remains a regulated employment relationship.
Is Probation Mandatory Under Polish Labour Laws?
Probation is not mandatory in Poland. Employers may:
- Start employment with a probation contract, or
- Hire directly on a fixed-term or indefinite contract
However:
- If probation is used, it must comply strictly with the Labour Code
- Employers cannot repeatedly use probation for the same role
- Invalid probation arrangements may be challenged
For international employers, understanding when probation is appropriate is essential.
Typical Probation Period Duration in Poland
Polish labour law sets clear limits on probation duration, which were updated in recent reforms to prevent misuse.
Employers must ensure probation length is aligned with the intended subsequent contract.
Standard Probation Length Across Poland
Under the Polish Labour Code:
- Maximum probation period is 3 months
- Shorter probation periods may apply depending on the planned contract duration
- Probation may be extended only in limited circumstances, such as justified absence
Probation cannot exceed statutory limits under any circumstances.
Link Between Probation and Subsequent Contracts
Polish law links probation duration to:
- The length of the intended fixed-term or indefinite contract
- The nature of the role
Using probation as a recurring trial mechanism is not permitted.
Employee Rights During the Probation Period in Poland
A common misconception is that probationary employees have reduced rights. In Poland, this is incorrect. Employment protections apply fully from the first day of employment, regardless of contract type.
Polish labour courts take a strict view on employee protection during probation.
Statutory Rights That Apply During Probation
Employees on probation are entitled to:
- Minimum wage compliance
- Working time and rest period protections
- Paid leave accrual
- Social security registration (ZUS)
- Health and safety protections
- Protection against discrimination
Probation does not delay or reduce these rights.
Probation and Contract Enforceability
Even during probation:
- The employment contract is fully enforceable
- Employees may bring claims before labour courts
- Employers must act in good faith
Improper termination during probation may still be ruled unlawful.
Termination During the Probation Period in Poland
Termination during probation is legally permitted, but it must follow statutory notice requirements and lawful grounds.
Employers often underestimate how closely courts review probation terminations.
Can Employers Terminate During Probation in Poland?
Yes, employers may terminate during probation if:
- Termination follows the Labour Code notice rules
- Termination is not discriminatory or abusive
- Written notice is provided
Probation simplifies termination but does not eliminate legal risk.
Notice Requirements During Probation
Notice periods during probation depend on length of service:
- Up to 2 weeks → 3 working days’ notice
- More than 2 weeks → 1 week’s notice
- 3 months → 2 weeks’ notice
Failure to apply the correct notice period is a frequent source of disputes.
Common Employer Mistakes That Lead to Legal Challenges
Frequent errors include:
- Exceeding the 3-month probation limit
- Reusing probation contracts improperly
- Incorrect notice calculation
- Poor documentation of termination decisions
These mistakes often result in compensation claims.
Managing Performance During the Probation Period in Poland
Although Polish law does not require formal performance improvement plans during probation, structured performance management is strongly recommended.
Courts expect probation to be used genuinely to assess suitability.
Using Probation as a Performance Evaluation Period
Best-practice employers:
- Clearly define job duties at onboarding
- Monitor performance during probation
- Provide feedback and guidance
- Document performance concerns
This approach strengthens the employer’s position in disputes.
Confirming or Ending Employment After Probation
At the end of probation:
- Employment ends automatically unless a new contract is signed
- Employers should formalize the next contract in writing
- Failure to act may create uncertainty or disputes
Clear transition planning is essential.
Probation Risks for Global Companies Hiring in Poland
Poland’s evolving labour law framework presents challenges for international employers unfamiliar with local requirements.
Probation misuse is a common compliance issue.
Why International Employers Struggle With Polish Probation Rules
Common challenges include:
- Treating probation as informal
- Ignoring links between probation and subsequent contracts
- Incorrect notice handling
- Lack of local HR and legal expertise
Polish labour courts strictly enforce statutory rules.
How Employer of Record (EOR) Models Reduce Probation Risk in Poland
An Employer of Record model allows global companies to hire employees in Poland while transferring employment compliance to a local expert.
Using an EOR in Poland enables companies to:
- Hire without establishing a Polish legal entity
- Use Labour Code–compliant contracts
- Structure lawful probation arrangements
- Manage payroll and ZUS contributions
- Execute compliant terminations
EOR services significantly reduce legal and operational risk.
How Asanify Helps Manage Probation Periods in Poland
Asanify provides end-to-end Employer of Record services in Poland, supporting global companies across hiring, probation, and compliance.
With Asanify, companies can:
- Hire in Poland without entity incorporation
- Use legally vetted, Poland-compliant contracts
- Manage probation and contract transitions
- Handle payroll, tax, and social security
- Ensure lawful termination practices
- Stay aligned with Polish labour law updates
Asanify enables confident, compliant hiring in Poland.
Conclusion
The probation period in Poland is not a casual trial arrangement but a formal employment contract with full legal consequences. Employers who misuse probation by exceeding duration limits, reusing probation contracts, or ignoring notice requirements often face labour court disputes and compensation liability. Proper structuring, documentation, and timely decision-making are essential for lawful probation management.
For global companies expanding into Poland, partnering with Asanify’s Employer of Record services removes complexity and compliance risk. Asanify ensures probation contracts are legally valid, employee rights are protected from day one, and any transition or termination is handled in full alignment with Polish labour law allowing companies to scale in Poland with confidence and control.
Frequently Asked Questions
What is the probation period in Poland under labour law?
It is a legally regulated probation contract (okres próbny) under the Polish Labour Code.
How long is a probation period in Poland?
The maximum probation period is three months.
Can an employee be terminated during probation in Poland?
Yes, provided statutory notice requirements are met.
Do probationary employees have rights in Poland?
Yes. All labour law protections apply from the first day of employment.
Is probation mandatory in Poland?
No. Probation is optional and must comply with statutory rules if used.
Can probation be repeated in Poland?
No. Repeated probation for the same role is generally not permitted.
How does an Employer of Record manage probation in Poland?
An EOR ensures compliant contracts, payroll, social security, and lawful termination.
Why should global companies use EOR services in Poland?
To avoid entity setup, manage compliance, and reduce employment law risk.
Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant or Labour Law expert for specific guidance.