The Labour Code recognises three types of employment contract (umowa o pracę): trial-period, fixed-term and permanent (open-ended). Replacement, seasonal and "term of office" contracts are variants of the fixed-term contract and are excluded from the general limit. The type you choose determines how long an employee can be hired on a temporary basis, how long the notice period runs and when the contract turns into a permanent one by operation of law.
Comparison of the three types of employment contract
| Feature | Trial period | Fixed-term | Permanent |
|---|---|---|---|
| Purpose | testing qualifications before longer cooperation | employment for a predetermined period | stable, open-ended cooperation |
| Maximum duration | 3 months (shorter if a short fixed-term contract is planned next) | 33 months in total and no more than 3 contracts with the same employee | none |
| Notice period | 3 working days, 1 week or 2 weeks | 2 weeks, 1 month or 3 months, depending on length of service with the employer | same as for a fixed-term contract |
| Reason for termination by the employer | does not have to be given | must be stated in writing | must be stated in writing |
| Pregnancy of the employee | a contract longer than one month is extended until childbirth if it would otherwise end after the 3rd month of pregnancy | extended until childbirth on the same terms (except replacement contracts) | special protection against termination |
All three contracts give the same basic employee rights: holiday leave, at least the minimum wage, benefits from ZUS (Social Insurance Institution) and protection of working time. The differences come down mainly to job stability. A general overview of the rights and costs tied to a regular employment position is in our article on the employment contract; below we focus on how to match the type of contract to the situation.
Trial period: how long it can really last
The maximum of 3 months is only an upper limit. If the employer plans to follow up with a fixed-term contract shorter than 6 months, the trial period can last no more than 1 month. For a planned fixed-term contract of 6 to 12 months, the limit is 2 months. These shorter periods may be extended once by up to one month if the nature of the work justifies it. The intention to conclude a further contract is written into the trial-period contract itself.
The parties can also agree that the trial period is extended by any leave or other justified absence, such as sickness. Without such a clause, two weeks of sick leave simply eat into the trial period. A repeat trial-period contract with the same person is only allowed when they are to perform a different type of work.
Fixed-term: how to count the 33-month and 3-contract limit
The limit covers the total of all fixed-term contracts between the same parties. The trial period does not count towards it. Two thresholds apply at the same time, and crossing either one converts the contract:
- after 33 months of combined fixed-term employment the employee is treated, from the following day, as employed on a permanent basis;
- the fourth fixed-term contract becomes a permanent contract by operation of law from the day it is signed.
An annex extending an ongoing fixed-term contract is treated as the conclusion of another contract. This is a common trap: an employer who has twice "merely extended" the first contract already has three contracts on record.
Contracts excluded from the limit
The limit does not apply to fixed-term contracts concluded:
- to replace an employee during a justified absence (for example, parental leave);
- for casual or seasonal work;
- for a term of office;
- when the employer identifies objective reasons on their own side.
The exclusion only works where the contract genuinely matches a temporary need. In the fourth case, the employer must notify the regional labour inspector of the conclusion of the contract and its reasons within 5 working days. It is worth writing the purpose of such a contract into its wording so it can be easily shown during any inspection.
Termination: how the contracts differ
For a trial period, notice is 3 working days (trial up to 2 weeks), 1 week (trial longer than 2 weeks) or 2 weeks (3-month trial). For fixed-term and permanent contracts, the notice period depends on length of service with that employer: 2 weeks for employment shorter than 6 months, 1 month from 6 months, 3 months from 3 years. Periods counted in weeks end on Saturday; those counted in months end on the last day of the month.
An employer terminating a fixed-term or permanent contract must state a specific reason in writing and inform the employee of the right to appeal to the labour court. In practice this means a fixed-term contract is no longer "easier to terminate" than a permanent one: the main difference is that it ends on its own when the term expires.
How to choose the contract: three typical scenarios
- New hire for a permanent role. Usually a 3-month trial period, then straight into a permanent contract, or one fixed-term contract as additional cover.
- An 8-month project. Trial period of up to 2 months (the intention to conclude a 6–12 month contract must be written in), followed by a fixed-term contract until the end of the project.
- Cover for an employee on parental leave. A fixed-term replacement contract, with the purpose and the person being replaced indicated. It is excluded from the limit and is not extended until childbirth if the replacement herself becomes pregnant.
Before the employee starts work, the contract should be signed in writing, or at the very least its terms should be confirmed to the employee in writing. Within 7 days the employer also provides information on working-time norms and daily/weekly hours, breaks and other conditions of employment.
What about civil-law contracts?
The mandate contract (umowa zlecenie) and the specific-task contract (umowa o dzieło) are not employment contracts and are not governed by the Labour Code. However, they cannot be used interchangeably with a regular job: if a person works under direction, at a place and time set by the principal, that is an employment relationship regardless of what the contract is called. We discuss the rules for mandate contracts in our article on umowa zlecenie.
How Good Balance can help
As part of our HR support we draft employment contracts, keep track of the fixed-term limits, notification and notice deadlines, and maintain personnel files. If you are planning a new employment structure or you are unsure whether a given contract falls within the exceptions to the limit, we invite you to our HR advisory service.