Hiring and Recruitment in Poland: Legal Guide for 2026
A Step-by-Step Guide to Employing Staff in Poland
Hiring employees in Poland is a process that, while not extensively regulated by the Labor Code, is governed by numerous provisions stemming from various legal acts. Employers must exercise particular care and diligence to ensure that every stage of the process aligns with the principles of equal treatment, data protection, and the formal requirements for establishing an employment relationship.
The guide presented below is based on the practical expertise of the Dudkowiak & Putyra law firm.
1. Creating a Job Advertisement
The hiring process in Poland begins with drafting a job advertisement. While the law does not impose strict rules on its content, the advertisement must comply with anti-discrimination regulations. Specifically, it must not reference gender, age, ethnicity, sexual orientation, religion, or beliefs-unless such criteria are objectively justified by the nature of the role.
Increasingly, especially in the IT industry, job advertisements include a salary range. Although this is not a legal requirement, this practice can build an image of the employer as transparent and trustworthy.
IMPORTANT: As of December 2025, new provisions on pay transparency will come into effect, amending the Labor Code and requiring employers to include a salary range in all job advertisements.
2. Candidate selection and data processing rules
During the recruitment process, employers in Poland are permitted to collect only a limited set of personal data from candidates-specifically: full name, date of birth, and contact information.
Additional details, such as education and professional experience, may only be requested if they are relevant to the position being offered.
Employers are strictly prohibited from requesting or collecting sensitive personal data (e.g., information concerning health, sexual orientation, or political beliefs), unless such data is disclosed voluntarily by the candidate.
Furthermore, employers must not access candidates’ private social media accounts. Any contact with a candidate’s former employer requires the candidate’s explicit consent. The same applies to the processing of data from public registers or administering psychological assessments.
3. Verifying Candidates and Collecting Documentation
Any action taken by an employer to gather information about a candidate must be proportionate and justified by the nature of the position. This principle also applies to requests for supporting documents, such as
- diplomas,
- certificates,
- or licenses.
For instance, a criminal record certificate may only be requested if required by law-such as for roles in law enforcement or education.
Importantly, even if a candidate voluntarily consents to share information about prior convictions, the employer is not legally permitted to collect or process such data unless a specific legal basis exists.
4. Signing the Employment Contract
After selecting a candidate, the next step is to prepare the employment contract. Under Polish law, the contract must be concluded in writing, which means it must be physically signed by both parties.
Alternatively, it may be executed in electronic form-provided both parties use a qualified electronic signature compliant with the EU eIDAS regulation.
It is important to note that widely used solutions, such as basic electronic signatures (e.g., DocuSign) or scanned signatures sent via email, do not meet the formal requirements of Polish labor law and are not valid for concluding employment contracts.
If the employee does not speak Polish, a bilingual version of the contract is permitted; however, every employment contract must include a Polish-language version.
A sample employment contract template can be found here.
5. Collecting of Required Documentation and Formalities
Hiring a new employee in Poland requires the collection and execution of several documents, including:
- the employment contract,
- personal questionnaires (for both the candidate and employee),
- a GDPR information clause,
- information on employment conditions (as required under Article 29 of the Labor Code),
- a statement confirming the employee has read the workplace and health & safety regulations,
- and, in the case of remote work - a remote work agreement and a declaration regarding the suitability of the home workspace.
Additional agreements may also be concluded with the employee, depending on the nature of the role. These may include:
- a non-disclosure agreement (NDA),
- a non-competition agreement (applicable during and/or after employment),
- a training reimbursement agreement,
- an agreement concerning entrusted company property.
6. Structure and Management of Personnel Files
All employers in Poland are legally required to maintain individual personnel files for each employee, regardless of the company’s size or industry. These files serve not only as vital evidence during inspections by the National Labor Inspectorate or legal proceedings but also as an essential component of internal organization and administrative oversight.
Personnel files must be maintained in accordance with applicable regulations and divided into five distinct sections:
- Part A – documents from the recruitment process (e.g., CVs, cover letters, application materials),
- Part B – documents related to the course of employment (e.g., employment contracts, annexes, medical certificates, health and safety training records),
- Part C – documents related to the termination of employment (e.g., termination notices, employment certificates),
- Part D – documents regarding disciplinary proceedings or liability,
- Part E – records of sobriety checks or the presence of alcohol-like substances.
These records may be maintained in either paper or electronic form. In the case of digital storage, the documentation must meet specific technical standards as prescribed by the Labor Code and relevant regulations.
7. Medical Examinations and Occupational Health & Safety Training
Under Polish labor law, an employee may not begin work without a valid medical certificate confirming that there are no health contraindications to performing the duties of the specific position. It is the employer’s responsibility to refer the employee for this medical examination and to cover all associated costs. Allowing an employee to start work without such a certificate constitutes a regulatory breach and may expose the employer to legal and financial liability.
In parallel with the medical assessment, every newly hired employee must undergo initial occupational health and safety (OHS) training.
This requirement applies universally-regardless of whether the employment is probationary, fixed-term, or indefinite. For on-site workers, traditional in-person training is required. In the case of remote or hybrid roles, online OHS training is acceptable.
Additionally, employees must complete so-called on-the-job training, typically conducted by their immediate supervisor. This training aims to familiarize the employee with specific workplace hazards and safety procedures. It is mandatory even for office-based staff and must be properly documented.
Failure to comply with any of these training obligations can lead to serious consequences for the employer, including fines following labor inspections or heightened liability in the event of a workplace accident.
8. Registration with ZUS and PPK
Under Polish labor law, employers are required to register each new employee with the Social Insurance Institution (ZUS) within 7 days of the employment start date. This registration ensures the employee is covered by social security and health insurance, regardless of the type of employment contract.
Additionally, the employer must enroll eligible employees in the Employee Capital Plans (PPK). If the employee is between 18 and 55 years of age and the employment is expected to last at least 90 days, the employer must conclude a PPK agreement on their behalf.
The statutory deadline for this is the 10th day of the month following the month in which the 90-day employment threshold is reached.
PPK is a long-term savings scheme co-financed by the employee, the employer, and the state. Enrollment is automatic for eligible employees unless they submit a written resignation. Importantly, the resignation must be submitted in hard copy and signed by hand to be valid.
Summary
The employment process in Poland is not covered by a single comprehensive legal act, but consists of many obligations arising from the provisions of the Labor Code, the GDPR, specific laws, and good practices. Therefore, every step-from creating the job advertisement, through the selection of candidates, to registration with the Social Insurance Institution (ZUS) and implementation in the PPK system-should be carried out with due diligence.
A properly conducted process not only reduces legal risk, but also builds a positive image of the company as a reliable and responsible employer.
If you are seeking guidance tailored to your specific employment needs in Poland, the Dudkowiak & Putyra team remains at your disposal.