[Poland] Holiday work – PIP explains the basic rules of employment

The National Labor Inspectorate (PIP) has prepared a brochure containing the most important rules regarding the employment of seasonal workers during the holidays. Can a contract be concluded only for the duration of the holidays and can a person under 16 years of age be employed?

First summer job, i.e. employing adolescent workers

‘Work during the holidays’ brochure developed by PIP specifies, among others, the rules for employing adolescent workers. Let us remind you that in accordance with Art. 190 of the Labour Code § 1. An adolescent within the meaning of the Code is a person who is over 15 years of age but not over 18 years of age.

An employer may employ an adolescent employee under an employment contract if the person:

• has completed at least eight years of primary school, and
• has a medical certificate stating that the work he wants to perform does not pose a health hazard.

It should also be remembered that an adolescent employee:

• can only perform light work,
• may work during winter and summer holidays only on a shorter basis (16+ years – work no more than 7 hours a day, 35 hours a week),
• cannot work overtime or at night.

Adolescent worker under 16 years of age – what are the employment rules?

What if the employee is under 16 years of age? Well, according to the regulations, a person under 16 years of age can only work:

• with the consent of the parent or legal representative or guardian and with the permission of the labour inspector,
• at entities conducting cultural, artistic, sports or advertising activities.

Moreover, such a person’s working time cannot exceed 6 hours a day.

See also: Working time – what settlement periods in 2024?

You can learn more about employing minors by reading the article: Employment of adolescent workers – important changes from September 2023 and from the PIP website

Fixed-term employment contract and holiday work?

Generally, people taking up summer or seasonal work remain employed for a maximum of 2 or 3 months and work under a fixed-term contract.

When employing a seasonal employee under a fixed-term contract, every employer should remember that:

• a fixed-term contract terminates by law upon the expiry of the period for which it was concluded;
• contract concluded for the duration of the holidays (i.e. for a maximum period of 2 or 3 months) may be terminated earlier, before the agreed end date by agreement of the parties;
• a fixed-term contract may be concluded to replace the employee during his or her justified absence from work, e.g. due to two-month holidays;
• a fixed-term contract may be concluded for the purpose of performing casual or seasonal work, e.g. selling ice cream on the beach during the holidays;
• within a period of 3 months, more than 3 fixed-term employment contracts may be concluded with the same employer;
• if concluding a fixed-term contract serves to meet actual periodic demand and is necessary in this respect, the purpose or circumstances of its conclusion should be specified in the contract;
• concluding three fixed-term employment contracts between the same parties to the employment relationship does not result in the transformation of a fixed-term employment contract into an indefinite-term contract.

Moreover, the employer should confirm in writing the arrangements regarding the parties to the contract, the type of contract and its terms, no later than on the day of commencement of work, and send the employee for preliminary medical examination and training in occupational health and safety rules.

Do you want to know how to properly employ employees in Poland, what obligations the employer has towards the employee and what the rights and obligations of the employed person are? Download our guide: HR & Payroll in Poland

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