Quick answer: Notice periods in Poland run 2 weeks under 6 months of tenure, 1 month from 6 months to 3 years, and 3 months after 3 years, for both indefinite and fixed-term contracts. Trial contracts use 3 working days, 1 week, or 2 weeks. Employers can’t skip these, and shortening them legally needs a specific reason or the other side’s agreement.
How long is the standard notice period in Poland?
It depends on how long the person has worked for their current employer, not on their job title or contract type. Under Art. 36 §1 of the Kodeks pracy, the same scale applies to both indefinite and fixed-term contracts.
| Contract type | Tenure with the employer | Notice period |
|---|---|---|
| Trial period | Trial of 2 weeks or less | 3 working days |
| Trial period | Trial longer than 2 weeks | 1 week |
| Trial period | Trial of 3 months | 2 weeks |
| Indefinite or fixed-term | Under 6 months | 2 weeks |
| Indefinite or fixed-term | At least 6 months | 1 month |
| Indefinite or fixed-term | At least 3 years | 3 months |
The trial period rule is Art. 34. Most candidates you’re hiring from another company will fall into the 1 month or 3 month bucket, since three years at one job is common in Poland.
Does time with a previous employer count toward the notice length?
Usually not. Tenure under Art. 36 §1 counts time with the current employer, not a candidate’s whole career. The one exception is a business transfer under Art. 23¹, where a company takeover or restructuring legally carries the old employment relationship over to the new employer, and that prior time counts too. Outside that case, someone who job hopped every two years will likely be on a short notice period even with ten years of total experience.
Can an employer shorten a 3 month notice period?
Yes, but only in specific situations. Art. 36¹ lets an employer cut a 3 month notice period down to a minimum of 1 month, but only when the termination is due to bankruptcy, liquidation of the employer, or other reasons not related to the employee, which in practice means redundancy. The employee still gets paid for the months that were cut, as compensation. This is the employer’s own contract ending, not something that helps you when you’re trying to hire someone away from a company that isn’t shutting down or laying people off.
Does the departing employee have to keep working through notice?
Not necessarily. Under Art. 36², an employer can release an employee from the duty to work for the rest of the notice period while still paying them in full. This is a one sided decision the employer can make without the employee’s agreement, often called garden leave. It doesn’t shorten the notice period itself, and the contract still ends on the original date. If this happens to your future hire, it’s good news for you: they’re free sooner even though their notice period on paper hasn’t changed.
Is the departing employee entitled to paid time off to job hunt?
Yes, when the employer is the one giving notice. Art. 37 gives the employee 2 working days off, paid, during a 2 week or 1 month notice period, and 3 working days during a 3 month notice period. This only applies when the current employer terminates the contract, not when the employee resigns, so it rarely comes up when you’re hiring someone who’s leaving on their own.
Can you get a candidate released from their notice early?
Only with their current employer’s agreement, and there’s no legal mechanism that forces it. Art. 30 lists mutual agreement as a separate way to end a contract, alongside notice, and Art. 36 §6 lets both sides agree on an earlier end date after notice has already been given. Either route needs the employer to say yes.
The best move is usually getting the candidate to ask directly. Companies often agree faster than you’d expect, because keeping someone who already has another job lined up and isn’t trying hard anymore isn’t worth much to them. If the notice period is long and you need the person fast, offering to make up the difference in pay for the time they’d lose is a reasonable thing to put on the table. Just be clear with the candidate and with yourself that you’re helping them negotiate an earlier release, not buying out a legal obligation that doesn’t exist.
What should you avoid asking from someone still serving notice?
Any work for your company before their contract actually ends. It’s not ethical, and it puts both of you in a legally shaky spot with their current employer, who is still paying them and still owns their time. Save the job offer letter and the real onboarding for their first official day.
What you can do instead is keep them warm. Invite them to a team dinner, an office tour, or whatever version of an integration event you run for new hires. It costs you nothing, it’s fully above board, and it keeps the relationship going without asking them to do anything their current employer would have a problem with.
Why do founders hiring from abroad get this wrong?
Because they’re used to a market where two weeks’ notice is normal, and Poland just isn’t that market. I’ve seen founders build a start date into an offer letter assuming the person can begin in two or three weeks, then get surprised when the candidate is locked into a one or three month notice period with their current job. If you’re trying to reduce time to hire, the notice period is often the biggest single chunk of time left on the table, and it’s fixed by law, not by how fast your process runs. Ask about notice length during the interview, not after you’ve sent the offer, the same way you’d confirm how fast to respond to candidates matters for the rest of your pipeline.
This isn’t legal advice. For a specific case, check with a Polish employment lawyer.
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Frequently asked questions
How long is a notice period in Poland?
On an indefinite or fixed-term contract it is 2 weeks under 6 months of tenure, 1 month from 6 months to 3 years, and 3 months after 3 years. On a trial contract it is 3 working days, 1 week, or 2 weeks depending on the length of the trial.
Can an employer shorten a 3 month notice period?
Yes, but only for redundancy, bankruptcy, or liquidation, and only down to 1 month. The employee is owed pay for the rest of the notice period as compensation.
Does a candidate have to keep working during their notice period?
Yes, unless their current employer excuses them from the duty to work, which Polish law allows the employer to do unilaterally while still paying them.
Can you get a candidate released from their notice early?
Only if their current employer agrees. There's no legal buyout right. The most common path is the candidate asking, sometimes with your help covering the gap in pay.