Notify the conclusion of fixed-term employment contract

Do you want to employ a worker for a fixed-term on several occasions? Would you like to recruit an employee for fixed-term longer than 33 months? You must inform the Labour Inspectorate. Below you can find out how to do it.

How to proceed

What you should know and who can use this service

If you employ full-time staff for a limited period of time, after 33 months the employment contract shall be converted into a contract of indefinite duration.  The same applies when you conclude successive fixed-term contracts - the first three may be of limited duration but not longer than 33 months, while the fourth one should be indefinite.  
 
The Labour Code, however, provides for some exceptions.  For example, you employ 3 full-time employees to work on the project, which will take several years and you do not know whether at every stage there will be work for them.  You can then disregarded the statutory 33-month limit and maximum limit of 3 fixed-term employment contracts.  In such a situation you need to include information in the contract  that it does not refer to limits on fixed-term contracts and after the conclusion of such an agreement (regardless whether it is the first, second or fourth contract) notify the competent District Labour Inspector. In the notification indicate the reason for concluding this contract (it can be copied from an employment contract of limited duration).  
 
Note!  
You do not have to inform the district labour inspector if:  
 
a) you employ someone to replace an employee during his/her excused absence at work;  
 
b) if you employ someone for the purpose of performing one-off tasks or seasonal work;  
 
c) if employment includes work by the term of office.  
 
You do not have to inform the labour inspector also when you conclude civil law agreements - mandate contracts or contracts for specific task..

When you should complete this procedure

Within 5 working days from concluding fixed-term employment contract.

Where you can complete this procedure

You can complete this procedure at:

• District Labour Inspectorates

What to do step by step

1. Notify district labour inspector of concluding a contract

In the notification specify the reason, which in your opinion justifies the possibility of concluding a number of fixed-term contracts or contracts longer than 33 months.  

By delivering notification on concluding contract do not enter personal data of staff with whom contracts have been concluded.  Their personal data may be contained in the notification only with their written consent. You must attach it to their notification.

Documents

Time limit

Within 5 working days from concluding fixed-term employment contract.

2. The authority adopts your notification

Adoption of notification closes the case.

How much you will have to pay

The service is free of charge

How long you will have to wait

Your case will be settled within one month. This period may be extended to two months, subject to notification by the official.

Good to know

Remember - if you do not send information to the authority about the conclusion of a fixed-term employment contract within 5 days after its conclusion, you may be subject to a fine from PLN 1000 to PLN 30,000.