Poland’s Ministry of Family, Labour and Social Policy clarifies rules for anniversary bonuses, particularly when new employment periods affect eligibility timelines.
Anniversary Bonus Payment Rules
The rules for paying anniversary bonuses following the introduction of new employment tenure regulations continue to raise questions for employers and employees. A problematic situation arises when an employee receives a bonus less than 12 months after a previous one.
Who is Entitled to the Anniversary Bonus?
The anniversary bonus is not stipulated in the Labour Code. Employers may, but are not obligated to, introduce it as a component. However, certain public sector employers are legally obliged to pay it, based on specific laws. It amounts to 75-400% of salary for every 5 years of service, starting after 20 years of employment.
Eligible employees in the public sector include those covered by specific regulations. Employees not covered by these regulations are entitled to the bonus if their employer’s internal regulations provide for it.
Additional Employment Tenure and Bonus Eligibility
From January 1, 2026 (May 1, 2026 for employers outside public finance), employers are required to include additional periods of employment when determining eligibility for anniversary bonuses.
Limitations on Bonus Payments in the Public Sector
Implementing regulations, such as those for local government employees, include numerous restrictions on bonus payments to prevent accumulation. This aims to avoid situations where an employee becomes eligible for multiple bonuses simultaneously or in quick succession.
For example, the Council of Ministers’ regulation of October 25, 2021, concerning the remuneration of local government employees, stipulates that if an employee becomes eligible for two or more bonuses upon the entry into force of regulations allowing previously ineligible periods to count towards tenure, only the highest bonus is paid.
Furthermore, if an employee has tenure exceeding the requirement for a specific bonus level on the date of the new regulations, and becomes eligible for a higher-level bonus within 12 months, the lower bonus is paid in full, with the difference paid upon reaching eligibility for the higher bonus.
Position of the Ministry of Family, Labour and Social Policy
In response to a query from DGP, the MRPiPS stated that, based on the “tenure law,” employee rights resulting from the inclusion of new periods of employment apply from the date of entitlement, but no earlier than January 1, 2026, for employees of public finance sector entities.
The employer determines an employee’s entitlement to benefits, including anniversary bonuses, based on the specific facts and applicable regulations. The Ministry clarifies it is not authorized to provide universally binding interpretations of the law or to analyze specific factual situations, and its legal opinions are not binding on parties to the employment relationship, labor inspectors, or courts.