POLAND Law and Practice Contributed by: Agnieszka Janicka and Krzysztof Hajdamowicz, Clifford Chance
ard full-time working hours provide for eight hours of work a day and 40 hours a week. These limits may be modified based on the system and work time schedule adopted. However, the average weekly working time may not exceed 48 hours, including overtime, in a settlement period. The employer must also ensure minimum peri - ods of uninterrupted rest – ie, a minimum of 11 hours per day and 35 hours once a week. Overtime work is, in principle, permitted for the employer’s justified needs or the need to carry out a rescue action. Overtime should not exceed 150 hours annually, but the employer may modi - fy this limit to up to 416 hours per annum. Employees are entitled to their regular remunera - tion plus an addition of 50% or 100% of their salary for overtime work, depending on the type: the higher addition applies if overtime work is performed at night, on a Sunday or a holiday, or on a day off granted to the employee for work on a Sunday or holiday, and also for every hour of overtime exceeding the weekly limit of work - ing hours (ie, 48 hours). Instead of an addition to remuneration, employees may be compensated Employment contracts may be terminated with or without notice or by a termination agreement. The length of the notice period depends on the type of contract and the duration of employ - ment. For employment contracts for a fixed or indefinite term, the notice period is: • two weeks if the period of employment lasted less than six months; • one month if the period of employment lasted at least six months but less than three years; and for overtime work by time off in lieu. 4.4 Termination of Employment Contracts
• three months if the period of employment lasted at least three years. Termination by the Employer To terminate a fixed-term or an indefinite con - tract, the employer must state the reason for termination in the termination notice. The rea - son must be real, specific and serious enough to justify termination. Moreover, the employer must consult the trade union representing the relevant employee (if present) on the intention to termi - nate the contract, although the employer is not bound by the opinion of the trade union. Some categories of employees are protected from termination – eg, employees who are of pre- retirement age or pregnant. It is also generally not admissible (with some limited exceptions) to give notice of termination while an employee is on holiday or on sick leave. There is no obli - gation to make any additional payments to an employee whose contract is being terminated with notice (apart from regular remuneration until the end of the notice period and payment in lieu of holiday leave), except where the termination takes place due to redundancy, in which case the employer is required to pay statutory sever - ance pay of one, two or three months’ remu - neration (depending on tenure). The statutory severance rules apply only to employers with 20 employees or more. The employer may terminate an employment contract without notice through the fault of the employee in the following circumstances: • severe violation of basic employee duties; • committing a crime that makes it impossible to continue employment in a given position; and • loss of qualifications to perform work in a giv - en position through the fault of the employee.
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