Work is currently underway on the implementation of the provisions of two directives of the European Parliament and the Council covering Work Life Balance issues into the Polish Labour Code. 

The draft of the new legislation introduces significant changes regarding employment contracts for a probationary period. The maximum length of the probationary period (3 months) will generally remain unchanged.

However, it will not be possible in every case to conclude a contract for a period of 3 months. According to the bill, the duration of the probationary period is to depend on the duration of the next employment contract.

Thus, a probationary employment contract will be allowed for a period of up to:  

• 1 month – if the intention is to conclude an employment contract for a fixed term of less than 6 months; 
• 2 months – if the intention is to conclude a contract for at least 6 months and less than 12 months;
• 3 months – if the intention is to conclude a contract for at least 12 months. 
• It will be possible to extend a contract concluded for the above-mentioned periods by a maximum of one month – if the type of work justifies it. 

Another novelty will be the right of the parties to the contract to agree that the probationary contract may be extended by the period of the employee's absence, such as vacation. 

The right to extend the contract by a month and by the employee's time of absence is worth indicating already in the content of the concluded contract.

Find more in the PRO HR September 2022.