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Big changes in employment contracts for a probationary period

by Joanna Wcisło-Jaśkowska

30 August 2022

The bill amending the Labour Code in connection with the implementation of the EU directive on transparent and predictable working conditions in the European Union envisages significant changes in the rules of concluding employment contracts for a probationary period.

The bill changes the current rules according to which the probationary period must always be 3 months.

New rules

According to the new regulations, the maximum term of an employment contract for a probationary period is:

1 month – if after the probationary period the employer is going to conclude an employment contract with the employee for a definite period shorter than 6 months;
2 months – if after the probationary period the employer is going to conclude an employment contract with the employee for a definite period of 6-12 months.

Thus, the employer may conclude with the employee an employment contract for a probationary period of 3 months only if after the end of the probationary period he is going to hire that employee for a definite period of at least 12 months or for an indefinite period.

Additionally, according to the amending bill, the employment contract for a probationary period of 1 or 2 months will have to specify the period for which the parties are going to conclude the employment contract for a definite period once the probationary period is over.

What does it mean for employees?

The above changes will greatly complicate things for employers, who will, in fact, already at the time of concluding the contract, have to make clear their intention as to further employment of the employee after the probationary period.

Other changes

The bill also proposes two new provisions that could be included in the contract of employment for a probationary period:

possibility to extend the 1- or 2-month probationary period by maximum 1 month once, if this is justified by the nature of the work;
-extension of the contract for the duration of holiday or other justified absence (if any) of the employee.

According to the Directive, the new provisions of the Labour Code should have entered into force from 1 August 2022. However, the bill is still being worked on and the Polish parliament will probably adopt the new provisions by the end of 2022.

Nevertheless, employers should prepare for the upcoming changes in advance because they will probably become effective very quickly – only 21 days – after being announced in the Journal of Laws.

If you have questions about the amendments to employment contracts for a probationary period, please contact our experts.

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