Moving your peopleto your own company.
In most cases the employment transfers automatically under the Polish Labour Code, which keeps service, terms and accrued holiday intact. Teamed plans the date and runs both payrolls through the change.
Two routes, one of them worse
How do people move from an employer of record to your company
There are two ways to do this and they are not equivalent, whatever a spreadsheet says. One preserves everything your people have built up. The other quietly throws it away.
Poland applies the European transfer of undertakings rules through its Labour Code. Where they apply, the workplace transfers and the new employer takes over as a matter of law, on the same terms, with continuous service intact. Nobody resigns and nobody is rehired.
The alternative is to end the employment and start a new one. It is faster to arrange, which is why it gets chosen, and it resets the clock on everything that depends on length of service.
Why continuous service is the whole argument
Polish employment entitlements are earned through time served, and breaking the chain hands them back.
Notice lengthens with service. A long-serving employee restarted at zero loses the protection that length had earned them.
Annual leave entitlement in Poland steps up with total working history. Resetting service can reduce the days somebody is entitled to.
What moves and what does not
What actually transfers
Where a transfer applies, the terms move with the person. Salary, notice, holiday entitlement, accrued but untaken leave, contractual benefits and the original start date all carry over, along with liabilities that existed before the date.
Poland adds a specific notification duty. Employees have to be informed in writing about the transfer, its date, its reasons and its consequences, and there is a defined period before the change in which that has to happen. Where trade unions are present the process is more involved again. This is a timeline with legal content, not a courtesy email.
Employees also have a defined window in which they may terminate on shortened notice because of the transfer, which is worth understanding before you set a date rather than discovering it afterwards.
Timing
Pick the date around payroll, not around the paperwork
The cleanest transfer lands on the first day of a month, because Polish payroll and social insurance declarations run monthly. A mid-month move means two employers each filing a part period, which is where errors and double contributions come from.
Confirm the company can employ
Registered as a social insurance contributions payer, payroll set up, and the bank account able to pay salaries.
Notify in writing, in good time
The transfer, its date, its reasons and its consequences, within the period the Labour Code requires. Unions consulted where present.
Mirror the terms
The same terms with the original start date carried over, and total working history reflected in holiday entitlement.
Transfer on the first of a month
The old payroll closes, the new one opens, and leave balances carry across as they stood the night before.
Check every payslip by hand, once
Social insurance bases and cumulative figures are where errors surface, and they are far cheaper to fix in month one.
Worth saying plainly
This is the step where doing it cheaply costs the most
A resign and rehire can be arranged quickly and looks like a saving. It removes notice protection and can reduce holiday entitlement, and your people carry that cost rather than you.
If your timeline is too tight to do this properly, the better answer is usually to stay where you are for another quarter and move cleanly.
Teamed's employer of record in Poland is a flat €560 per employee per month, with zero FX mark-up in any currency pairing and one invoice at the end of it. Contractors, employer of record and your own entity all run on one platform, so moving between them later does not mean changing provider or re-onboarding anybody. Real HR and legal experts handle the work, not a ticket queue.
Talk to a member of the team and we will tell you plainly which one suits where you are. If you would rather look at the numbers yourself first, the crossover calculator models it for Poland.
Who carries it
Your own entity, when it's time. We set it up, migrate you in, and hand it back intact.
Global Entity and Employment Operations, which we call GEMO, is how Teamed forms your company, registers it for corporation tax and payroll, runs it month to month and keeps its filings current, across 100+ countries. You stay the employer. We do the work behind it.
In Poland that matters a little more than elsewhere, because Teamed employs through its own local entity rather than a partner. The people who would run your company are the people already running ours.
They set up our EU entity and moved hires across without missing a payroll.
Questions
Questions about moving people across
Do employees have to agree to the move?
Where the transfer rules apply the new employer takes over as a matter of law, so it does not depend on each person agreeing. They must be informed in writing within a defined period, and unions consulted where present.
Does their start date change?
No. Continuous service carries across, so the original start date stays. In Poland that affects both notice length and holiday entitlement.
What happens to unused holiday?
Accrued leave moves with the employee as it stood on the transfer date. It is not paid out and it does not reset.
Can an employee object?
Employees have a defined window in which they may terminate on shortened notice because of the transfer. Understand that before setting a date rather than after.
Can we change terms at the same time?
Changing terms because of the transfer is the thing these rules exist to prevent. Changes need a reason of their own and, usually, agreement.
Sources
- Kodeks pracy, transfer of workplace and employee rights
- Kodeks pracy, notice periods and length of service
- Zaklad Ubezpieczen Spolecznych, employer registration and monthly declarations
The rest of the Poland guides
Looking for a job in Moving From Eor To Your Own Entity yourself? Teamed does not hire people directly. Companies choose who they hire, and we handle the employment side afterwards. Here is why we cannot help with your search.
