Poland’s Labor Ministry rejects introducing an obligation for employers to notify employees about non-renewal of fixed-term contracts.
Current Lack of Obligation
Existing regulations, including the Labor Code, do not require employers to inform employees in advance about non-renewal of a fixed-term contract. In practice, employees often learn of employment termination just a day or two before the contract expires.
Proposed Change with Timelines
A proposal suggests employers be mandated to provide written notice of non-renewal before the contract end date, with timelines based on employment duration: at least two weeks for contracts shorter than six months, and at least one month for contracts of six months or longer.
EU Precedents
Similar obligations exist in some EU countries, such as the Netherlands and Portugal, where failure to provide timely notice can result in financial penalties for employers.
Ministry’s Counter-Argument
The ministry states that fixed-term contracts expire automatically upon their specified end date, known to both parties at signing. The contract’s nature, it argues, makes the termination date inherently certain and requiring prior notice is unnecessary.
Existing Protections
Enhanced protections were introduced for fixed-term employees in 2023, including requirements to justify termination and the right to seek reinstatement in court. Limits on contract duration and number remain in force. Employees with at least six months of tenure may annually request conversion to an indefinite contract or more predictable terms, to which employers must respond with justification.
