How does Poland probation work in 2026?

What probation modifies under Polish law:

• Shorter notice on both sides. Either party can end the contract during probation on 14 days. After probation ends and the employee has served under 6 months, the minimum employer notice rises to 2 weeks.
• A defined assessment window. The employer evaluates performance and role fit. The employee decides whether the role is right for them.
• Written contract required. The probation clause must appear in the written employment agreement. Under the Labour Code, the contract must be issued before the employee starts work. A verbal probation agreement has no legal effect.
• Configurable length within the cap. Parties can agree a probation period shorter than 3 months. A 1-month or 2-month probation is legally valid. The cap is a ceiling, not a default.

What probation does not change:

• There is no qualifying period for unfair dismissal in Poland. An employee can bring a claim before the labour court from the first day of employment, regardless of probation status.
• Discrimination protections apply from day one. Dismissing someone during probation on grounds of sex, age, disability, religion, nationality, or union membership is prohibited.
• The right to a written statement of employment terms applies from day one.
• Social insurance registration is required from the first day. There is no probation carve-out from ZUS obligations.

Probation length by role type (Polish mid-market pattern):

The 2023 probation reform

Labour Code Art. 25 was amended in 2023 as part of the broader employment law reform implementing EU directive 2019/1152 (transparent and predictable working conditions). The amendment introduced a closer link between probation length and the intended length of the subsequent fixed-term contract. Where the parties intend a fixed-term contract of less than 6 months after probation, the probation period is capped at 1 month. Where the intended fixed-term contract runs between 6 months and under 12 months, the cap is 2 months. The full 3 months cap applies to open-ended contracts and fixed-term contracts of 12 months or more. For most EOR hires, the main employment contract is open-ended (umowa o prace na czas nieokreslony), so the full 3 months cap is the relevant ceiling.

There is no pending change to the qualifying period for unfair dismissal comparable to the UK Employment Rights Act 2025. Polish law already has no qualifying period. An employee can challenge a dismissal from the day employment begins.

What the procedural bar looks like during Polish probation:

1. Written notice is required. Under Labour Code Art. 30, termination must be in writing. An oral dismissal during probation has no legal effect. The notice letter must state the reason where the probation contract is for 3 months.
2. Respect the 14 days notice period. For a 3 months probation, either side can give 14 days notice. The period runs from the day after the notice is received and ends on a Saturday.
3. State the reason in writing for a 3-month probation. Labour Code Art. 30 requires the employer to state the reason for termination when ending a probationary contract of 3 months. This is a distinctive feature of Polish law: the reason-giving obligation applies inside the probation window, not just after it.
4. Do not dismiss for a discriminatory reason. Labour Code Art. 18(3a) prohibits dismissal on grounds of sex, age, disability, race, religion, nationality, political opinion, trade union membership, or type of employment contract.
5. Do not dismiss for exercising a protected right. Dismissing an employee because they joined a union, raised a health-and-safety concern, took parental leave, or exercised a whistleblower right during probation is prohibited.
6. Confirm the outcome in writing. Issue the termination letter with the correct 14 days notice period, stating the last working day.

An employee has 21 days from receipt of the written notice to file a claim with the labour court (Labour Code Art. 264). The court can order reinstatement or compensation. The absence of a qualifying period means this window is open to all employees, including those on day two of their probation.

1. Issue the written employment contract before day one

   The probation clause must appear in the signed written contract. Under Labour Code Art. 29 the contract must be issued before the employee starts work. A verbal probation agreement has no legal effect.

2. Register the employee with ZUS on day one

   Social insurance registration is required from the first day of employment. There is no probation carve-out from ZUS obligations. Failure to register on time carries financial penalties.

3. Run structured reviews at day 30 and day 60

   Document performance concerns in writing as they arise. Do not leave concerns unrecorded until the day-90 checkpoint. Evidence recorded in real time strengthens the employer position if a Labour Court claim follows.

4. Conduct the final probation review before the period expires

   Hold the review before the statutory cap is reached. Do not let the period expire without a documented conversation. Decide whether to confirm employment, extend the probation in writing within the cap, or end the contract.

5. Issue written termination notice with the correct notice period and reason

   For a three-month probation contract, termination must be in writing and must state the reason. The notice period is the figure set in the contract, within the statutory maximum. An oral dismissal has no legal effect.

6. Confirm the outcome in writing and close out administration

   Issue the termination letter with the last working day clearly stated. Process final pay and accrued annual leave within the regular payroll cycle. Deregister the employee from ZUS immediately after the employment end date.

The hard cap in Labour Code Art. 25 limits the extension options more tightly than in common-law countries:

• If the contract specifies a 1-month or 2-month probation, the parties can agree in writing to extend to a maximum of 3 months. The extension must be documented before the original period expires.
• If the contract specifies the full 3 months, there is no scope for further extension. The cap is absolute.
• Absence during probation (for example, sick leave) does not automatically pause the probation clock under Polish law. Some contracts include a specific clause providing for extension in cases of absence of a defined minimum length. Without such a contractual clause, the probation ends on the date stated in the contract.

When deciding whether to extend or end the probation early:

1. Hold a review meeting before the original end date. Do not let the period expire without a conversation.
2. Document the specific concerns in writing before the extension takes effect.
3. State clearly what the employee must demonstrate during the extended period.
4. Confirm the extension in writing with the new end date, within the statutory cap.
5. Do not rely on verbal agreements. A verbal extension has no legal effect. The written record is the one that counts.

An informal or verbal extension beyond 3 months carries real risk in Poland. If the employee is treated as still on probation after the cap has passed, any dismissal decision taken in that period may be challenged as a permanent-contract dismissal requiring notice, written reason, and potentially ZUS contributions on any settlement.

Because the Polish cap is 3 months, the meaningful final review falls at day 90. The 30-60-90 framework fits exactly within the statutory window. There is no separate day-180 checkpoint of the kind used in Germany or the UK. If performance concerns are raised for the first time at the day-90 review, having been left unrecorded for two months, that weakens the employer's position if the dismissal is later challenged in the labour court.

Day-one onboarding admin under Polish law includes issuing the written employment contract (required before the employee starts work under Labour Code Art. 29), registering the employee with ZUS (social insurance) within 7 days of the start date, and providing the mandatory health and safety briefing. All three are day-one obligations. ZUS registration in particular cannot be deferred: failure to register on time carries financial penalties.

Employees working a standard 40 hours week are entitled to 20 days of annual leave per year for employees with less than 10 years of combined employment history. This entitlement accrues from the first month of employment and is not suspended during probation.

Real HR and legal experts handle your Polish hires from the first offer letter through every review meeting and probation outcome. An actual person, not a chatbot or a pooled queue. There is no setup fee and no exit fee. Employer cost passes through at cost, itemised on every invoice.

Teamed's standard Poland service for probation and onboarding:

• Polish contract includes a probation clause set to the agreed length, up to the statutory maximum of 3 months (Labour Code Art. 25)
• Written contract issued before the employee's first day, as required under Labour Code Art. 29
• ZUS registration completed within the required window from the start date
• Probation review templates provided to client managers at day 30 and before the end-of-probation checkpoint at day 90 for a full 3 months probation
• Where dismissal during probation is agreed, Teamed issues the written termination notice with the correct 14 days notice period and the written reason required for a 3 months probation contract
• Documentation kept centrally: feedback records, performance notes, review outcomes

The split is clear. The client owns the relationship and the performance assessment. Teamed owns the procedure, the legal paperwork, and the Polish-law compliance. That keeps probation dismissals defensible without requiring the client to know the Labour Code by heart.

Key sources: Ministry of Family, Labour and Social Policy (notice periods), CMS Law (dismissals in Poland), and Accace (Labour law in Poland).