An employer who wants to establish an employment relationship with an employee must sign an appropriate document with him/her. An employment contract gives you the right to protection under the regulations contained in the Labor Code. Its main assumptions are the provision of a specific type of work for the employer and under his direction in exchange for remuneration. See what the completed employment contract template looks like and what it must contain

This article explains:

Employment contract

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Is it only the Labour Code that regulates contracts?

An employer can conclude various types of contracts with the person he employs. Each of them has different working and pay conditions. The employer does not have to sign an employment contract with the employee. There are several possibilities, we will present you with the three most common ones.

  • A contract of mandate is definitely less beneficial for the contractor than an employment contract. It does not guarantee job security, as you can terminate it at any time. In addition, it does not give the right to paid holiday leave; to sick leave with sick pay of 80 percent. average salary or maternity leave. It is regulated by the Civil Code.
  • A contract for specific work does not oblige to pay social security contributions, does not entitle to paid holiday leave, maternity leave and sick leave. It expires automatically after the work is completed and the amount due is paid. It can be solved at any time. It is permissible to conclude a contract for specific work even orally. It is described in the Civil Code.
  • The employment relationship (i.e. established on the basis of an employment contract) should be established on the day the employee starts work. A written form is suitable. It brings by far the most benefits to the employee. All the most important arrangements concerning the employment contract are regulated by the Act of 26 June 1974. Labour Code.

What do you gain by signing an employment contract? These benefits are not included in the contract of mandate

An employment contract provides the employee with a number of benefits:

  • guarantee of the minimum wage (there is also a minimum threshold on the contract of mandate, but it applies to the hourly rate);
  • Annual paid annual leave;
  • the right to leave on demand (from the pool of annual leave);
  • standardized working time;
  • the possibility of taking special leave;
  • the right to maternity and carer’s leave and sick leave (you may also be entitled to this on assignment if you pay voluntary contributions to sickness insurance);
  • the employer must extend the contract with a pregnant employee;
  • compensation for overtime in the form of time off or payment of an allowance applies;
  • the rules and notice periods are regulated by the Labour Code.

What does an employment contract look like? Check what it needs to contain

Employment contract template

The employment contract must be concluded in writing, it should include the following information:

  • type of contract;
  • date of conclusion;
  • identification of the parties to the contract;
  • the employer’s registered office address (or residential address);
  • working conditions (type, place and working time, date of commencement of work);
  • pay conditions (with an indication of the components of remuneration);
  • in the case of a fixed-term contract, the duration or the date of termination.

Data for the employment contract – template of the personal questionnaire

When we start performing our duties, we must provide the necessary information that will be used to draw up the contract, the employer has the right to demand it. Often a personal questionnaire is filled out, i.e. a simple form that contains the most important data:

  • first name(s);
  • surname;
  • Date of birth;
  • contact information (such as phone and email address);
  • Address;
  • PESEL number (if it is missing: the number of the identity document held);
  • the names and dates of birth of the children and the personal data of other immediate family members, when the employee wishes to exercise special rights provided for in the labour law;
  • other personal data of the employee necessary to exercise special rights;
  • education (name of school and year of graduation, occupation/specialty/title);
  • Qualifications;
  • the course of employment to date (periods of employment and positions held);
  • bank account number (not applicable if you apply for a withdrawal in person, but this is a very rare practice);
  • optionally, the contact details of the person to be notified in the event of an accident.
Employment contract template

How to fill in an employment contract?

Provide the required data in legible writing and sign. Remember that you must receive the same copy with the signature of the employer or the person who represents him. Your employer or their representative cannot refuse to give you your identical copy of the document.

What does the termination of an employment contract look like?

See how long the notice period for a fixed-term and indefinite employment contract is:

  • 2 weeks if you have been employed for less than 6 months;
  • 1 month if you have been employed for at least 6 months;
  • 3 months if you have been employed for at least 3 years.

If your employer has terminated your employment contract, you are entitled to days off to look for a job, during which you retain the right to remuneration:

  • 2 working days – during a two-week and one-month notice;
  • 3 working days – during a three-month notice.

Types of contributions under an employment contract – who pays them?

The employer is obliged to pay mandatory contributions. Partially or fully cover:

  • disability insurance;
  • pension insurance;
  • accident insurance;
  • Guaranteed Employee Benefits Fund;
  • Labour Fund and Solidarity Fund.

The following contributions are covered by the employee (they are deducted from the salary):

  • Health;
  • Sickness;
  • Pension;
  • pension benefits.

For what period can an employment contract be concluded?

The Labour Code defines three types of employment contracts. They differ not only in the period for which they are concluded, but also in what rights are vested in connection with their conclusion.

Employment contract example

An employment contract can be signed:

  • for a trial period;
  • for a limited period of time;
  • for an indefinite period of time.

Importantly, the employer can conclude only three fixed-term employment contracts with an employee. The next, i.e. the fourth, must be a contract for an indefinite period of time, even if it is called differently.

After 33 months, a fixed-term employment contract between the same parties also becomes an indefinite contract.

What is the purpose of a trial period contract?

When you take on new tasks, you certainly have a lot of apprehension. They can be about whether the place will be suitable, people will turn out to be friendly, and whether you will find yourself in this environment. You certainly wouldn’t want to stay long in an environment that doesn’t meet your expectations, so it’s a good idea to research your new workplace before signing a permanent contract.
There is also the other side of this situation. The employer, as well as the employee, has the right to have their concerns and may express their willingness to verify the competence of the new person before hiring them permanently.

Features of a probationary employment contract

A probationary employment contract was created to check the employee’s qualifications. However, it is beneficial for both parties if they plan to initially verify the situation.

An employment contract for a trial period can be concluded for a period not exceeding 3 months. There are a few exceptions to this rule, for example:

  • for a period of one month, if there is an intention to conclude an employment contract for a period shorter than 6 months;
  • for a period of two months, if there is an intention to conclude an employment contract for a period of 6 to 12 months.

Is the type of contract arbitrary? A commission instead of full-time employment

Did you know that a contract of mandate can be considered an employment contract, even if it is not called as such? It is enough that he meets all the conditions of the employment relationship.

Here are the main features of an employment relationship:

  • inability to indicate a replacement and obligation to perform the activities in person;
  • specified place and time of work;
  • defined responsibilities;
  • acting under the direction of the superior (he has the right to give instructions and entrust additional tasks when special circumstances arise);
  • payment of remuneration in exchange for the performance of work.
Example of an employment contract

Persons who are employed under a contract of mandate and want to obtain the privileges and protection guaranteed by the employment contract can report to the National Labour Inspectorate, which brings actions to establish the employment relationship.

Can you get hired in two places at the same time?

Yes, because during the term of the employment contract, the employer cannot prohibit you from concluding another contract, mandate or contract. This results from Art. 261. of the Labour Code.

What to do if the employer violates the provisions on employment contracts?

In order to assert your rights, you should go to the Labour Court. The regulations are also enforced by the National Labour Inspectorate (PIP). The inspection is carried out on the basis of a complaint filed, concerning, for example, violation of health and safety rules, legality of employment, as well as timeliness of payments or irregularities in the calculation of holidays.

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Employment contract 2024 – what is the minimum wage?

Employment contract forms

It is worth noting that apart from the items that must be included in the content of the document, there are specific rules that must be followed.

If the template of the employment contract presented to you by the employer is inconsistent with the applicable provisions contained in the Labor Code, it means that it is invalid.

As a rule, the terms of employment may be more favourable to you as an employee (e.g. longer break, additional day off, bonuses), but they cannot be unfair (salary lower than the minimum wage, overtime obligation, shorter holidays).

The lowest salary, which is valid from July 1, 2024, is PLN 4,300 gross.

Minimum national gross and net – how to calculate? Employment contract template 2024

It is best to base your calculations on data from the government website (GOV.pl) or use online salary calculators. How much you will have left “on your hand” depends on several factors, m.in. participation in Employee Capital Plans (PPK) or relief for young people.

Employment contract – template of applicable contributions and taxes

Assuming that:

  • the employee has submitted a statement to his employer on the PIT-2 form, which allows the employee to reduce the advance payment by an amount reducing the tax (PLN 300);
  • works in the place of his/her residence and has income from one employment relationship.

Based on the basic salary of PLN 4,300 gross, the contributions and taxes are:

  • pension contribution PLN 419.68;
  • pension contribution PLN 64.50;
  • sickness insurance contribution PLN 105.35;
  • health insurance contribution PLN 333.94;
  • advance payment for income tax PLN 115.

The lowest net salary from July 2024 is therefore PLN 3,261.53.

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Employment contract template – see what a completed example of an employment contract looks like

Wrocław, 24.01.2024

Company XYZ
Hive. Lipowa 155a/15
65-855 Wroclaw
NIP: 1234567890
REGON: 123456789

EMPLOYMENT CONTRACT

concluded on 24.01.2024 in Wroclaw
between Company XYZ, represented by Jadwiga Kowalska
and Anna Nowakowska, residing at ul. Poprzeczna 12/5 in Wrocław,
for an indefinite period of time.

§ 1

The parties agree on the following terms and conditions of employment:

  1. Type of work: computer graphic designer
  2. Place of work: ul. Lipowa 155a/15, 65-855 Wrocław
  3. Working time: full-time
  4. salary: PLN 5,600 gross per month (say: five thousand six hundred zlotys) and statutory bonus
  5. Starting date: 24.01.2024

§ 2

The contract was drawn up in two, identical copies, one for each party.

24.01.2024 Anna Nowakowska

Jadwiga Kowalska

Part-time employment contract – template of the working time provision

A part-time employee has the same rights as a full-time employee.

The employment contract must include a provision specifying the working time, it can be formulated in several ways:

  • Working time: part-time.
  • Working time: 1/2 full-time.
  • The employee will perform work in the working time specified as 1/2 full-time.
  • Time: 50 percent. full-time work.
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