Workers posted to Poland - rules on leaves

If you post workers in the framework of the provision of services in the territory of Poland, you need to know what are the rules for granting leaves.

The issue of leaves is regulated in Chapter Seventh of the Labour Code.  The principal type of leave is annual leave

Worker is entitled to an annual, continuous, paid annual leave (Article 152 § 1 of the Labour Code).  A worker may not waive the right to annual leave (Article 152 § 2 of the Labour Code).

If an employee undertakes work for the first time in the calendar year in which he has started the work, he obtains the right to leave after each month of work amounting to 1/12 of the annual leave he is entitled to after one year of work (Article 153 § 1 of the Labour Code).  An employee acquires additional leave in each subsequent calendar year (Article 153 § 2 of the General Tax Code).

The amount of leave depends on the overall length of service and shall be:  20 days, if the employee has been employed for less than 10 years, 26 days — if the employee has been employed for at least 10 years (Article 154 (1.) of the Labour Code).

The length of leave for a part-time employee is determined in proportion to the working hours of the employee, on the basis of the leave set out above;  incomplete day of leave shall be rounded up to the whole day (Article 154 § 2 of the Labour Code).

The period of previous employment, irrespective of the interruptions in employment, and the manner of termination of the employment relationship (Article 1541 § 1 of the General Tax Code) are included to the period of employment which determines the right  to leave and the length of leave,  .

In the case of remaining at the same time in two or more employment relationships is also subject to a period of previous employment that is not yet completed in part before the second or subsequent employment relationship (Article 1541 § 2 of the Labour Code).

Periods included in the period of employment which affect the duration of the leave

Period of employment which determines  the duration of the leave is included  on completion of:

• vocational or another equivalent vocational school -  foreseen by the curriculum duration of education for no more than 3 years,

• secondary vocational school - foreseen by curriculum duration of education, for no more than 5 years,

• secondary vocational education (equivalent) for graduates of vocational schools — 5 years

• comprehensive secondary school  - 4 years

• post-secondary school  - 6 years

• higher education  -  8 years.

The periods of education referred to in paragraphs 1 to 6 shall not be added up (Article 155 § 1 of the Labour Code).

If the employee was attending school during the employment period, to the working period  which determines  the duration of leave shall be included  the period of employment or the period of study, which ever is more favourable for the worker (Article 155 § 2 of the Labour Code).

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