Recruitment and employment of managers and employees in Poland

About

In today’s competitive business landscape, attracting and retaining top talent is crucial for organizational success. The process of recruitment is not just about filling positions – it’s about finding the right individuals who align with your company’s values, culture, and strategic goals.

We specialize in helping organizations identify, attract, and hire the best managers and employees to drive growth and innovation. We understand that recruitment is a critical function that significantly impacts your organization’s performance. A well-executed recruitment strategy leads to a more engaged workforce, improved productivity, and lower turnover rates. Conversely, poor hiring decisions can result in high costs, decreased morale, and disruption within teams. It is essential to adopt a strategic approach to recruitment that goes beyond merely reviewing resumes and conducting interviews.

Kopeć & Zaborowski offers a range of tailored recruitment services to help you build a high-performing team. Our process begins with a thorough assessment of your organization’s needs. We collaborate with leadership to understand the specific skills, experiences, and qualities required for each position, ensuring that our recruitment efforts are aligned with your strategic objectives.

Attracting top talent starts with a strong employer brand. We work with you to develop and enhance your employer value proposition, highlighting what makes your organization a great place to work. This includes defining your company culture, values, and unique benefits that appeal to potential candidates.

On the other hand we are committed to promoting diversity and inclusion in the workplace. Our recruitment strategies focus on attracting a diverse pool of candidates, ensuring that your organization benefits from varied perspectives and experiences.

The recruitment process doesn’t end with hiring. We offer onboarding support to help new employees integrate smoothly into your organization. Effective onboarding enhances employee engagement and retention, setting the stage for long-term success.

In terms of matters related to recruitment and employment of managers and employees, Kopeć & Zaborowski Law Firm offers also:

Recruitment process – collaboration with external recruitment agencies
Advising on choice of the most appropriate type of contract
Drafting/review contracts (including non-competition clauses) with managers/employees, negotiations
Advice on liability of managers under Polish law
Advice on variable remuneration policies, motivation plans, etc.
Legal support on obtaining work and residence permit

Our firm has successfully executed numerous high-profile projects in the field of recruitment and employment of managers and employees, demonstrating our expertise and commitment to excellence. Some of our key projects include:

Ongoing legal and strategic advice during a collective dispute over the implementation of a wage agreement – a project worth more than PLN 650 million.
Support in talks with trade unions on changes to wage internal regulation – a project with a value of more than PLN 450 million.
Conducting processes for the takeover of employees pursuant to Article 23(1) of the Labour Code with a total value of PLN 60 million.
Winning cassation appeals before the Supreme Court in precedent-setting cases involving non-competition agreements.
Drafting and reviewing management contracts for the management of key companies and the arms, rail, telecommunications, insurance sector.

Strategic Recruitment and Employment Solutions for Managers and Employees in Poland

In today’s competitive Polish business landscape, the difference between organizational success and stagnation often comes down to one critical factor: your people. At Kopeć & Zaborowski Law Firm, we understand that strategic recruitment and employment of managers and employees in Poland requires much more than simply filling positions—it demands a sophisticated legal approach that protects your business while attracting top talent.

Our specialized legal team combines deep knowledge of Polish employment regulations with practical business acumen to deliver recruitment and staffing solutions that align perfectly with your corporate objectives. Whether you’re a multinational corporation establishing operations in Warsaw, a growing technology startup in Kraków, or an established Polish enterprise seeking to restructure your management team, our comprehensive employment law services provide the foundation for building high-performing teams while minimizing legal exposure.

The Polish labor market presents unique challenges and opportunities that require expert navigation. With constantly evolving employment legislation, complex work permit requirements for foreign professionals, and specific contractual considerations for managerial positions, our tailored legal support ensures your recruitment and employment processes remain compliant while supporting your business growth strategy.

Comprehensive Legal Support for Recruitment Processes in Poland

Effective recruitment requires a solid legal foundation. Our team provides comprehensive guidance on establishing legally sound recruitment procedures that comply with Polish labor regulations while protecting your company’s interests. We develop frameworks that facilitate efficient hiring while preventing potential discrimination claims or procedural challenges.

We work closely with your HR department and external recruitment agencies to create legally vetted job descriptions, interview protocols, and candidate evaluation systems. This collaborative approach ensures all recruitment activities adhere to Polish employment law while maintaining the flexibility your business needs to secure top talent in competitive markets.

Our attorneys can also review and optimize your existing recruitment processes, identifying potential legal vulnerabilities and implementing modifications that strengthen your position while enhancing candidate experience throughout the hiring journey.

Strategic Employment Contract Structuring for Managers and Key Personnel

The employment relationship begins with the contract, and in Poland, the strategic structuring of these agreements is particularly important for managerial and executive positions. Our specialists excel in drafting sophisticated employment contracts that clearly define roles, responsibilities, and reporting relationships while incorporating robust protections for confidential information and intellectual property.

For senior managers and executives, we develop comprehensive employment packages that include carefully crafted non-competition clauses, confidentiality provisions, and performance-based compensation structures. These agreements balance your need to protect business interests with terms attractive enough to secure high-caliber talent in competitive industries.

We also provide guidance on alternative contractual arrangements beyond standard employment contracts, including B2B contracts (contracts of mandate), management contracts, and other flexible engagement models that may better serve your business objectives while navigating Poland’s employment law framework.

Legal Advice on Management Liability and Corporate Governance in Polish Entities

Polish law imposes specific responsibilities and potential liabilities on company managers and board members. Our firm provides essential guidance on these obligations, helping your leadership team understand and mitigate personal liability risks while effectively executing their corporate duties.

We advise on corporate governance structures that establish clear lines of authority and accountability within your Polish operations. This includes developing internal regulations, management board rules, and delegation frameworks that distribute responsibilities appropriately while maintaining necessary oversight.

Our attorneys also assist with the implementation of compliance programs that protect both the company and individual managers from liability related to corporate operations, ensuring your leadership team can confidently make business decisions within the boundaries of Polish law.

Work Permit and Residency Solutions for International Staff in Poland

Attracting international talent to your Polish operations requires navigating complex immigration requirements. Our firm provides comprehensive legal support for obtaining work permits, temporary residence permits, and Blue Cards for foreign managers and specialized employees.

We manage the entire documentation process, from preparing initial applications to representing your company and employees before relevant Polish authorities. Our established relationships with immigration offices throughout Poland allow us to efficiently navigate bureaucratic procedures and address potential complications before they delay your hiring timeline.

For businesses transferring managers internationally, we provide specialized assistance with intra-company transfer permits and executive relocation planning, ensuring smooth transitions that maintain operational continuity while satisfying all legal requirements.

Employee Motivation and Retention Programs with Legal Protection

Retaining key talent requires strategically designed incentive systems. Our legal team specializes in creating variable remuneration policies, bonus structures, and long-term incentive plans that motivate performance while remaining legally enforceable under Polish employment regulations.

We develop legally sound motivation schemes including stock option plans, phantom stock arrangements, and performance bonus systems tailored to your industry and corporate structure. These programs incorporate clear metrics and milestones that align employee interests with organizational objectives while preventing potential disputes about payment criteria.

For senior managers, we design comprehensive retention packages combining financial incentives with appropriate restrictive covenants that protect your business investments in leadership development while creating meaningful incentives for long-term commitment.

Non-Competition and Confidentiality Protection for Business Security

Protecting proprietary information and competitive advantage requires robust legal safeguards. Our attorneys craft sophisticated non-competition clauses and confidentiality agreements that shield your business interests while remaining enforceable under Polish law’s specific requirements for such restrictions.

We develop graduated protection systems that apply appropriate levels of restriction based on employee access to sensitive information, implementing comprehensive confidentiality frameworks that extend beyond employment termination. These provisions are carefully balanced to protect legitimate business interests while respecting employees’ rights to professional development.

For cases where violations occur, we provide rapid response legal intervention, including emergency court applications for injunctive relief to prevent irreparable harm to your business from confidentiality breaches or competitive activities.

Termination Strategies and Exit Management for Polish Employment Relationships

Even with excellent recruitment, employment relationships sometimes need to end. Our firm provides strategic guidance on lawful termination procedures that minimize legal exposure while preserving company reputation. We develop termination strategies tailored to specific circumstances, whether involving performance issues, organizational restructuring, or executive transitions.

For sensitive terminations involving senior managers, we craft appropriate separation agreements that address continued confidentiality obligations, non-disparagement provisions, and transition responsibilities. These agreements provide clean breaks that protect your business interests while facilitating professional closure.

When necessary, we represent clients in employment litigation before Polish labor courts, leveraging our extensive experience in workplace disputes to achieve favorable outcomes while minimizing business disruption and reputational impact.

Employment Restructuring and Workforce Transformation Legal Support

Business evolution often requires workforce transformation. Our legal team provides comprehensive support for employment restructuring initiatives, ensuring compliance with Polish collective dismissal regulations while implementing necessary organizational changes. We develop legally sound restructuring plans that balance business needs with mandatory procedural requirements.

For companies undertaking mergers, acquisitions, or significant operational changes, we manage the complex employment aspects of these transitions, including transfer of undertakings protection, harmonization of employment terms, and integration of management structures across different corporate entities.

Our attorneys also assist with implementing alternative work arrangements, including remote work policies, flexible scheduling frameworks, and hybrid employment models that adapt to changing business conditions while maintaining legal compliance.

Management Contracts and B2B Collaboration Frameworks

Beyond traditional employment, many Polish businesses engage managers through alternative contractual structures. Our firm specializes in developing sophisticated management contracts and B2B collaboration agreements that provide operational flexibility while establishing clear performance expectations and governance frameworks.

We design executive service agreements that address complex issues including intellectual property rights, exclusivity provisions, and performance evaluation mechanisms. These agreements create transparent business relationships that avoid unintended employment classification while maintaining appropriate control over strategic functions.

For entrepreneurs transitioning into organizational leadership roles, we create customized contractual frameworks that preserve entrepreneurial independence while integrating their expertise into your corporate structure, often combining elements of investment agreements with management responsibilities.

Compliance with Polish Labor Regulations and Employment Standards

The Polish employment landscape features continuously evolving regulations that impact recruitment and management practices. Our legal team provides ongoing compliance monitoring and advisory services that keep your employment policies aligned with current requirements while anticipating regulatory changes that may affect your workforce strategy.

We conduct regular employment audits to identify potential compliance gaps in your Polish operations, developing remediation plans that address issues before they result in regulatory penalties or employee claims. This proactive approach prevents costly disruptions while maintaining your reputation as a responsible employer.

Our attorneys also represent clients in labor inspections and regulatory investigations, managing official interactions and documentation requests to protect your interests while demonstrating good faith compliance with Polish employment standards.

International Employment Policies Adapted for Polish Legal Requirements

For multinational organizations, integrating Polish operations into global employment frameworks presents unique challenges. Our specialists excel in adapting international employment policies and corporate standards to meet specific Polish legal requirements while maintaining consistency with your global approach to talent management.

We help multinational clients implement global mobility programs that facilitate the transfer of managers and specialists to Polish operations while navigating different employment traditions and regulatory expectations. These programs maintain appropriate global standards while respecting mandatory Polish employment provisions.

Our team also assists with harmonizing compensation structures, performance management systems, and employee handbooks across international operations, ensuring your Polish workforce management aligns with corporate values while satisfying local legal obligations.

Any questions?

Joanna Chmielińska

Partner, Attorney at law, Head of Business Law Department

contact@lawyersinpoland.com

+ 48 690 300 257

Case study

Pioneering the liquidation of a simple joint-stock company

Strategic exit structuring in a complex corporate group

Defending Corporate and Board Interests in a High-Stakes Franchise Dispute

See all Case studies

How can
we help you?

Contact
the experts

Joanna Chmielińska

Partner, Attorney at law, Head of Business Law Department

Maciej Trąbski

Partner, Attorney at law, Head of Commercial & Regulatory Disputes Department

FAQ

What are the main types of employment contracts in Poland?

In Poland, employment relationships can take several forms, depending on the needs of the company and the level of protection granted to the employee:

Employment contract (umowa o pracę) – the most common and safest form for employees, as it guarantees full protection under the Labour Code, including paid leave, social security, and notice periods.
Civil law contracts – such as mandate contracts (umowa zlecenie) or contracts for a specific task (umowa o dzieło). These provide more flexibility to employers but do not grant the full scope of labour rights (e.g., no paid leave, no termination notice requirements).
Managerial contracts – often structured as a civil law contract, or a B2B agreement where a manager operates as an independent contractor. These contracts usually allow greater freedom in shaping remuneration, bonuses, and non-competition clauses.

What mandatory elements must be included in an employment contract?

An employment contract must contain specific information to be valid and enforceable. These elements ensure clarity of the relationship and compliance with Polish labour law:

Personal data of the employer and employee.
The type of contract (fixed-term, indefinite, probationary).
The place of work (headquarters or specific location).
The job position and the scope of duties.
The date of commencement of work.
Salary conditions, including overtime or allowance rules.
Working time system (full-time, part-time, flexible schedule).

In addition, employers are obliged to provide a written statement with detailed terms and conditions of employment (regarding working hours, breaks, holiday entitlement, salary components) within 7 days from the commencement of employment.

Are there probationary periods in Poland?

Yes, Polish law allows the use of probationary contracts, which can help both employer and employee assess whether the position is a good fit. Key points include:

The maximum probationary period is 3 months.
During probation, both employer and employee may terminate the contract with shorter notice.
After the probation period, parties may enter into a fixed-term or indefinite employment agreement.
Probationary contracts must be signed in writing and clearly state the agreed duration.

This system gives employers flexibility while also allowing employees to understand workplace expectations before making a long-term commitment.

What are the limits of working hours in Poland?

The Labour Code regulates working time to protect employees’ health and ensure proper rest. The general rules are:

Standard working hours: 8 hours per day, 40 hours per week, in a standard reference period of 4 months.
Overtime work is legally permitted but only under exceptional circumstances, such as unexpected business needs. Overtime must be either:
- Compensated financially with at least a 50% or 100% wage increase depending on the time worked, or
- Compensated by granting paid time off.
Employers must ensure that employees receive at least 11 hours of rest per day and 35 hours of uninterrupted rest per week.

For managerial staff, flexible arrangements are often applied, but even managers may not be excluded entirely from working time regulations if they are under standard labour contracts.

How is remuneration regulated?

Employee remuneration in Poland is subject to both statutory and contractual rules:

Minimum wage is determined annually by the government and applies to all full-time employees. Employers may not pay less than this amount.
Wages must be paid at least once a month, usually by bank transfer.
Remuneration typically consists of:
- Base salary.
- Overtime/allowance pay.
- Performance-related bonuses or incentive pay.
Executives and managers often negotiate individual employment terms, which can include:
- Annual bonuses tied to business performance.
- Company car or other benefits in kind.
- Private healthcare or insurance coverage.
- Stock options in larger corporations.

What social security and tax obligations does an employer have?

Employers have extensive obligations related to taxation and social security in Poland. These include:

Social Insurance Institution (ZUS) registration of each employee upon the start of employment.
Payment of contributions for:
- Pension insurance.
- Disability and sickness benefits.
- Accident insurance.
- Health insurance (entitling employees to public healthcare).
Payroll taxes: Employers must calculate, withhold, and transfer income tax advances to the tax authorities on behalf of employees.
Employers must also provide employees with annual PIT tax forms, which employees use to settle their personal tax returns.

Failure to comply with these requirements can lead to significant financial penalties from labour and tax authorities.

What are the rules for employing foreign nationals in Poland?

Hiring foreign nationals requires attention to Polish immigration and employment law. The main considerations are:

EU/EEA and Swiss citizens – may work freely in Poland without permits.
Non-EU citizens – usually require a work permit or a declaration of intent to employ (simplified process for nationals of certain countries).
In addition to a work permit, a foreigner must also secure a residence permit if they plan to stay for an extended period.
Employers must ensure the employment contract meets Polish requirements and is properly reported for social security and tax purposes.
Violation of rules (e.g., hiring without permits) may lead to fines for the company and even restrictions on future hiring.

How can employment contracts be terminated?

Termination depends on the type of contract and length of employment. In practice, there are several legal methods:

Mutual agreement – both parties decide to end the contract at a chosen date.
Termination with notice – requires compliance with statutory notice periods, which depend on the employee’s service length:
- 2 weeks (less than 6 months employment).
- 1 month (6 months to 3 years employment).
- 3 months (over 3 years employment).
Termination without notice – allowed only in special cases, such as:
- Serious breach of employee duties (e.g., misconduct, fraud).
- Loss of rights necessary for the position.
- Long-term illness of the employee.

Employers must provide written notice, and in the case of indefinite contracts, a justified reason is required for lawful termination.

What are the employer’s main obligations upon termination?

When an employment relationship ends, employers must complete several mandatory legal and administrative tasks:

Provide the employee with a written termination notice including the reason (if applicable).
Respect notice periods or provide compensation if termination occurs immediately by mutual agreement.
Pay all outstanding salary, bonuses, and allowances in full.
Compensate for any unused annual leave.
Issue a work certificate (świadectwo pracy) on the last day of employment, confirming all relevant information about the employment period, type of contract, and reason for employment termination.

Proper termination procedures help employers avoid disputes before the Labour Court.

What are best practices for recruiting managers in Poland?

Hiring managerial staff requires balancing legal compliance with business strategy. Some recommended practices are:

Carefully consider whether to hire under:
- An employment contract (safer but less flexible), or
- A B2B/self-employment arrangement (flexible but higher risk if challenged).
Draft detailed clauses covering:
- Confidentiality obligations.
- Non-compete and non-solicitation restrictions.
- Clear performance targets tied to remuneration.
Offer competitive benefits, as skilled managers in Poland often expect:
- Private healthcare and insurance.
- Company car, housing allowance, or stock options (depending on international standards).
Ensure compliance with local labour laws, as managerial contracts are often audited by the Labour Inspectorate if structured as civil contracts.