What are the requirements relating to advertising positions?
Ads for employment positions should comply with the principles of equal treatment in employment and the EU General Data Protection Regulation.
Background checks What can employers do with regard to background checks and inquiries in relation to the following:
It is admissible to obtain a certificate confirming that a candidate has no criminal record if a specific legal provision allows for this. In other words, such a check is permissible in exceptional circumstances.
Under new rules regarding the processing of employee personal data, background checks with regard to a candidate’s medical history are permissible only if the candidate consents to such processing and provides the data on their own initiative. However, the scope of data collected must be minimised and adequate for the purpose of the data processing, which may raise doubts as to whether such processing is necessary.
Only if the candidate gives their consent (the scope of data collected must be minimised and adequate for the purpose of the data processing).
An employer that wants to hire a foreign employee (ie, an employee from outside the European Union or the European Economic Area) must ask them to present a valid document entitling them to stay in Poland before they start work.
Employers must obtain a candidate’s consent to conduct a background check of their social media.
Wages and working time
Is there a national minimum wage and, if so, what is it?
In 2019 the national minimum wage is Zl2,250 (€525) gross per month. The minimum wage is usually increased annually.
Are there restrictions on working hours?
Hours and overtime
What are the requirements for meal and rest breaks?
If an employee works six or more hours per day, they are entitled to a paid break of at least 15 minutes.
If an employee uses a visual display screen in their work, they are entitled to a paid five-minute break from using the screen per working hour. Notably, this is a break from using the screen and not a break from work.
Employers may introduce one unpaid break of up to 60 minutes for eating or handling personal matters. However, this is not obligatory.
All employees are entitled to at least 11 hours of undisturbed rest per 24 hours and at least 35 rest hours per week.
How should overtime be calculated?
Employers must check whether working time may exceed eight hours per day and an average of 40 hours in an average five-day working week within an adopted settlement period not exceeding four months.
What exemptions are there from overtime?
Employees who manage a work establishment on their employer’s behalf and the heads of separate units can perform work outside their standard working hours without remuneration or an allowance for overtime. However, heads of separate organisational units are entitled to remuneration or an allowance for overtime or work which is performed on Sundays or public holidays if they do not receive a day in lieu in exchange for such work.
Is there a minimum paid holiday entitlement?
Yes, employees are entitled to 20 or 26 days’ annual leave per calendar year.
What are the rules applicable to final pay and deductions from wages?
In principle, remuneration under an employment agreement is protected against deductions, which are allowed only in situations specified by law (eg, where a court finds an employee liable for a payment or the employee receives a financial advance). All other deductions require the employee’s consent.
What payroll and payment records must be maintained?
Employers should maintain individual records regarding the payment of salaries and other work-related benefits. Separate requirements regarding data retention also apply under tax and social security law.