Every country in the world has worker protection laws designed to prevent employees from coming to harm at work or at the hands of their employer. Employers who want to hire people in Poland need to have a solid understanding of the worker protection rules that apply there so that they can both look after their employees’ interests and ensure they’re compliant with the relevant laws and regulations.
In this section, we’ll discuss the rules for whistleblowing in Poland, including how the law protects whistleblowers from retaliation on the part of their employers. We’ll also dive into how the GDPR applies to employers in Poland, and how employers can protect their employees’ personal data. Lastly, we’ll discuss the right to equal treatment for temporary agency workers in Poland, and how anti-discrimination and pay equity laws ensure all employees are treated fairly.
Whistleblowers play an important role in calling out wrongdoing in their workplaces to protect common interests. For this reason, many countries in the world have specific whistleblowing laws in place to protect those who come forward about wrongdoing from retaliation.
In 2019, the EU passed a Directive on Whistleblowing, which required member states to put in place effective measures to protect whistleblowers. Poland was the last of the EU’s 27 member states to implement the Directive. The country adopted a new whistleblowing law in June 2024.
The Polish parliament adopted the Act on the Protection of Whistleblowers on 14 June 2024. It will come into effect from September 2024. According to the Polish government, the Act serves three main objectives:
Under the new whistleblower law in Poland, all employers with more than 50 employees must establish internal reporting procedures that set out the rules for whistleblowing and create channels for receiving reports of wrongdoing. Whistleblowers in Poland will also be protected from retaliation and will be able to seek compensation if their whistleblowing leads to:
Poland’s whistleblowing law applies to all employees, former employees, officers, professional soldiers, contractors, trainees, or volunteers who disclose wrongdoing or violations of the law in their workplace. Whistleblowers are different from normal complainants, as their disclosure is in the public good. This means that employees reporting interpersonal issues would not be counted as whistleblowers or protected by the Whistleblowing Directive.
Employers in Poland are legally required to respect their employees’ dignity, privacy, and confidentiality. The rules about processing the personal data of employees and job candidates are set out in the Polish Labour Code and the Data Protection Act, which is Poland’s interpretation of the General Data Protection Regulation (GDPR).
Employers in Poland must collect certain personal data about employees and job candidates. This is allowed under Poland’s data protection laws because it is required for the employment contract. Specifically, the Polish Labour Code specifies that employers must collect the following information from job candidates during the recruitment process:
If it is required to perform the work in question, they may also collect information about the candidate’s education, qualifications, and employment history.
Once an employee is hired, the employer can then ask for further information:
Employers in Poland may also collect and process other data about their employees if they have the consent of the data subjects. However, consent is not enough to justify processing data related to criminal convictions and offences in Poland. Polish employees may only collect this data if it’s necessary to comply with a legal obligation (e.g. when hiring for certain sensitive positions like those in finance, education, or healthcare).
If an employee doesn’t consent to their data being processed (or gives consent and then withdraws it), this can’t be used as a reason to treat the candidate less favourably. For example, an employee can’t refuse employment or terminate an employee’s employment contract because they withdrew consent for data processing.
The main piece of legislation that impacts employee data privacy in Poland is the General Data Protection Regulation (GDPR). The GDPR is an EU law that sets minimum requirements for data protection across Europe. Polish employers can ensure compliance with the GDPR by:
Poland’s data privacy laws provide specific rules about the monitoring and surveillance of employees, including CCTV and email monitoring.
Specifically, employers can only use CCTV in the workplace to ensure employee safety, protection of property, production control, or confidentiality of information. They are not allowed to monitor areas where work doesn’t take place, such as toilets, cloakrooms, canteens, or smoking areas. Employers may only use CCTV recordings for their intended purpose and must inform employees at least two weeks before they set up CCTV cameras. The areas or rooms that are monitored by CCTV must also be marked.
The monitoring of employees’ professional email accounts is allowed if it’s necessary to ensure work is organised effectively or to ensure the proper use of work tools. However, Polish employers must not violate their employees’ confidentiality of correspondence or other personal rights.
Temporary agency workers are workers hired through labour agencies to meet short-term needs. These workers are employees of the agency and are effectively loaned out to client companies. Different countries have their own rules on how employers may use temporary agency workers, and how they should be treated.
The rules about hiring temporary agency workers in Poland are set out in the Act of 9 July 2003 on the employment of temporary agency workers. This law sets certain requirements for both temporary work agencies and the businesses that use them.
For example, temporary work agencies operating in Poland must:
Employers that hire workers through temporary work agencies in Poland must:
Under Poland’s laws on the employment of temporary agency workers, these workers can’t be treated less favourably in terms of working conditions and other conditions of employment than permanent employees in the same or similar positions. If a temporary agency worker is treated less favourably than an equivalent permanent employee, they can seek compensation from the temporary work agency that employs them. The user employer must then reimburse the agency for the cost of this compensation.
Employers in Poland may not treat employees or groups of employees less favourably than others based on protected characteristics like their sex, age, or ability. Discrimination might include refusing to hire someone, refusing them a promotion, or paying them less than colleagues in the same role.
While there is a set list of characteristics that are explicitly protected by law, the catalogue of protected characteristics in Poland is open, and case law may also provide for other characteristics to be considered protected.
Poland’s anti-discrimination laws specifically ban discrimination on the basis of:
Poland’s anti-discrimination laws protect employees from:
If an employee is discriminated against by their employer in Poland, they can resign from their job without notice, because their employer has breached the equal treatment principle. They can also claim compensation from their former employer in an amount not lower than the national minimum wage. If an employer repeatedly violates equal treatment rules, they could face a criminal penalty, up to and including a prison sentence of up to two years.
While the rules set out in the Labour Code only apply to employees, there is a separate act on equal treatment for freelancers and independent contractors. If a freelancer or independent contractor is discriminated against in Poland, they can also claim compensation from their employer.
Pay equity means paying employees who do the same or substantially similar work the same amount regardless of their sex. Although this is a fundamental right under EU law, many countries in Europe still have a gender pay gap, which means that women are paid less than men on average. Pay equity laws are set up to protect employees from pay discrimination and to narrow that pay gap over time.
In Poland, the Labour Code guarantees employees the right to equal remuneration for work of ‘equal value’. This means that employees must be paid the same as colleagues doing the same job, as well as those in jobs that are substantially similar.
The Labour Code defines remuneration as including all elements of compensation, not just base salary. That means that an employer who paid everyone the same base salary but awarded larger bonuses to male employees could be breaking Poland’s equal pay laws if they were not able to justify the difference using objective criteria.
In cases of supposed pay discrimination in Poland, the principle of reversal of the burden of proof applies. This means that the employee only has to prove the material facts of the case (i.e. that they were paid less than someone else). They don’t have to prove that this was due to discrimination. Instead, the employer must prove that this was not the case.
If an employer is found to have infringed the principle of equal treatment, employees are entitled to compensation of no less than the minimum wage. The employer is also not allowed to treat that employee less favourably than others because they have made an equal pay claim. For example, they can’t terminate the employee’s contract just because they have exercised their right to equal pay.
In 2023, the EU Parliament and Council adopted a new directive on pay transparency, which all member states have to implement by June 2026. This directive introduces new rules on how companies handle pay and gives both employees and candidates more rights to information about their compensation.
For example, all employers with more than 150 employees will have to report regularly on their gender pay gap. Employers will also have to provide job candidates with at least a starting salary range for each position before the information stage, and employees will be able to request certain information about their pay and how it compares to others in similar roles.
Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Poland. Get it wrong, and you could face legal action and damage to your reputation.
Our solutions protect both you and your workers, thanks to our team’s in-depth knowledge of local and international labour laws. That means you can stop worrying about compliance issues and focus on getting the job done.
Employee protection in Poland is governed primarily by the Labour Code (Kodeks Pracy), which sets the baseline rules for employment contracts, working hours, leave entitlements, termination, and workplace safety. It applies to all employees working in Poland, regardless of whether the employer is a Polish or foreign company.
Beyond the Labour Code, several other pieces of legislation make up the broader framework of employee protection laws in Poland:
The employee protection in Poland is not a single document but a combination of these laws working together. For companies hiring in Poland, understanding how they interact is key to staying compliant and avoiding costly disputes.
Employers must meet a defined set of obligations under labour law in Poland, covering everything from how contracts are written to how disputes are handled. These are not optional extras; they are legal requirements that apply from day one of employment.
Core compliance requirements
Obligation | What it means for employers |
Written employment contracts | All employees must receive a written contract before or on their first working day |
Minimum wage compliance | Employers must pay at least the national minimum wage, which is updated annually |
Working time limits | Standard working hours are 8 hours per day and 40 hours per week, with regulated overtime |
Annual leave entitlement | Employees are entitled to 20 or 26 days of paid leave per year, depending on length of service |
Social security contributions | Employers must register employees and contribute to ZUS (Social Insurance Institution) |
Health and safety standards | Workplaces must meet mandatory safety requirements, including risk assessments and training |
Equal treatment policies | Employers must have clear procedures to prevent and address discrimination |
Beyond the basics, companies operating in Poland also need to comply with the whistleblower reporting requirements introduced in 2024 and maintain documentation that demonstrates compliance with employee protection laws in Poland. Keeping employment records up to date and conducting regular internal reviews are practical steps that protect both the business and its workforce.
Violating employee protection laws in Poland can result in financial penalties, legal claims, and reputational damage. The severity depends on the nature of the breach, but Polish authorities take non-compliance seriously.
Financial penalties
The National Labour Inspectorate (Państwowa Inspekcja Pracy, or PIP) is the enforcement body responsible for monitoring compliance with labour law in Poland. It has the authority to:
Employment tribunal claims
Employees can also bring claims directly to the Labour Court. Common claims include:
Discrimination and whistleblower retaliation claims carry uncapped compensation, which means the financial exposure for employers can be significant. Getting compliance right from the start is far less costly than defending a claim.
The whistleblower act in Poland, formally the Act on the Protection of Whistleblowers, came into force in September 2024 and gives employees a clear legal framework for reporting workplace wrongdoing without fear of retaliation.
Under this law, a whistleblower is anyone who reports a breach of law that they became aware of through their work. This includes employees, contractors, temporary workers, and even job applicants who witnessed misconduct during a recruitment process provided they fall within the categories protected under the legislation.
What the law protects against?
Employees who make a protected disclosure are legally shielded from:
What can be reported?
The whistleblower act in Poland covers reports about violations in areas including:
Employees can report through three channels: an internal company reporting system, a designated public authority, or publicly (in specific circumstances). Employers with 50 or more employees are legally required to set up an internal reporting channelsubject to the scope and applicability of the legislation.
Understanding the Whistleblower Act in Poland is important because non-compliance carries direct legal consequences, and the obligations apply to most businesses with a workforce in the country.
Companies that employ 50 or more people in Poland must have a functioning internal reporting channel in place. This is not a best-practice recommendation; it is a legal requirement. Organisations that fail to establish this system face fines, and employees who experience retaliation can bring claims for compensation.
Why this matters beyond the legal minimum?
There is also a business case for taking whistleblower compliance seriously:
For international companies expanding into Poland, the whistleblower framework adds a layer of compliance that needs to be built into HR processes from the start, not retrofitted after a complaint has already been made.
Businesses can ensure compliance with the Whistleblower Act in Poland by putting three things in place: a functioning internal reporting channel, clear written procedures, and trained staff who know how to handle reports correctly.
Steps to build a compliant whistleblower program
Companies with operations across multiple countries often find it easier to manage whistleblower compliance through a centralised HR compliance partner who understands local requirements in each market.
Employees in Poland have the right to be treated equally in all aspects of employment under the equal employment opportunity framework in Poland, which is embedded within the Labour Code rather than existing as a standalone statute.
These rights apply from the moment a person applies for a job and continue throughout their employment, covering recruitment, pay, promotion, training, and dismissal.
Key rights employees hold
Under labour law in Poland, the burden of proof in discrimination cases shifts to the employer once an employee presents facts suggesting unequal treatment. This means the employer must demonstrate that their decisions were based on legitimate, non-discriminatory grounds and complied with the principle of equal treatment.
The equal employment opportunity act in Poland prohibits discrimination based on a wide range of personal characteristics, covering both direct and indirect forms of unequal treatment.
Direct discrimination occurs when someone is treated less favourably because of a protected characteristic. Indirect discrimination occurs when a seemingly neutral policy or practice puts people with a particular characteristic at a disadvantage, even if that was not the intention, unless the measure can be objectively justified under applicable law.
Protected characteristics under Polish labour law
Protected characteristic | Examples of prohibited conduct |
Sex and gender | Pay gaps between men and women doing equivalent work |
Age | Excluding candidates above or below a certain age in job adverts |
Disability | Failing to make reasonable adjustments for disabled workers |
Race and ethnic origin | Differential treatment based on nationality or background |
Religion or belief | Penalising employees for religious practices or observance |
Sexual orientation | Harassment or exclusion based on sexual orientation |
Trade union membership | Treating members of a union less favourably than non-members |
Employment type | Discriminating against part-time or fixed-term employees |
Harassment and mobbing
The Labour Code also specifically prohibits mobbing, a form of prolonged psychological harassment in the workplace. Mobbing is treated as a separate and serious violation, and employees who experience it can claim compensation independently of other discrimination claims.
Employers are expected to take active steps to prevent all forms of discrimination and harassment, not just respond when a complaint is made.
Employees who experience workplace discrimination in Poland can claim financial compensation through the Labour Court, and the awards are uncapped under employee protection laws in Poland.
The minimum compensation for a successful discrimination claim is equivalent to the national minimum wage at the time of the ruling. There is no upper limit, which means courts can award amounts that reflect the actual financial and personal harm caused.
Types of compensation available
Financial losses: employees can claim for lost earnings, missed bonuses, and any other financial disadvantage directly caused by the discriminatory treatment.
Damages for harm caused: this covers non-financial harm, such as emotional distress, damage to professional reputation, and the impact on career progression, depending on the circumstances of the case and the evidence presented.
Mobbing-related claims: employees who experience mobbing can claim compensation for health damage caused by the harassment, separate from any discrimination claim. If the mobbing led to the employee resigning, they could also claim additional compensation subject to applicable statutory requirements and court assessment.
Whistleblower retaliation
Under the Whistleblower Act in Poland, employees who face adverse treatment after making a protected disclosure can claim damages of at least the equivalent of six months’ salary.
For employers, the financial risk is real. Uncapped compensation awards mean that a single unresolved discrimination case can result in a significant payout. Building clear anti-discrimination policies and handling complaints properly from the outset is the most effective way to reduce that exposure.
Businesses can ensure fair and compliant employment practices in Poland by working with CXC, a global workforce management partner with over 30 years of experience helping companies hire and manage workers across 100+ countries, including Poland.
Navigating employee protection laws in Poland takes more than reading the legislation. It requires local knowledge, up-to-date compliance processes, and the ability to act quickly when the rules change. That is where CXC adds real value.
How CXC supports compliant hiring in Poland?
Whether you are hiring your first employee in Poland or managing an existing team, CXC gives you the local compliance expertise and operational support to do it with confidence.
Ready to build a compliant workforce in Poland?
Get in touch with our team to find out how we can help.
With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.
DISCLAIMER: The information contained on this website is provided for general informational purposes only and should not be construed as legal, tax, or other professional advice on any subject matter. While we endeavor to ensure that the content is accurate and up to date, we make no warranties or representations of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information contained herein. The content on this site is not intended to be a substitute for professional advice. Users should not act or refrain from acting based on any information on this website without seeking the appropriate legal, tax, or other professional advice tailored to their specific circumstances from qualified professionals. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website. Use of the information on this site does not create an attorney-client, tax advisor-client, or any other professional-client relationship between the user and the website or its authors.
