Probationary contract — how long it can last and how to terminate it

A probationary contract (umowa na okres próbny) is the first employment contract, meant to let you and the employer check whether the cooperation makes sense. It is a full employment contract: you are entitled to at least the minimum wage, paid leave and ZUS contributions. However, the law limits how long it can last and how many times it can be signed. Here are the key rules.

How long the probation period can last

A probationary contract is concluded for no longer than 3 months (Art. 25 § 2 of the Labour Code). Shorter limits apply when, after probation, the employer plans a fixed-term contract (Art. 25 § 2²):

• up to 1 month — if the next contract is to last less than 6 months,
• up to 2 months — if the next contract is to last from 6 to less than 12 months,
• up to 3 months — in other cases, e.g. when the next contract is to be open-ended or for at least 12 months.

The parties may extend the 1- and 2-month limits once, by no more than 1 month, if justified by the type of work (Art. 25 § 2³). Such a clause must be included in the contract (Art. 29 § 1(6)(b)).

What the contract must contain

A probationary contract, like any employment contract, is concluded in writing (Art. 29 § 2). Besides the type of work, place, pay and working time, it must state (Art. 29 § 1(6)):

• the length of the probation period or its end date,
• for a shorter probation period — how long the next fixed-term contract the parties intend to sign will last.

The parties may also agree that the probation period is extended by the time of leave or other justified absence, e.g. sick leave (Art. 25 § 2¹). Without such a clause in the contract, the probation period is not extended automatically.

Can you sign a second probation period?

A new probationary contract with the same employee is allowed only if you are to do a different type of work (Art. 25 § 3). A second probation period in the same position is not compliant with the law.

How a probationary contract ends

The contract ends by itself when the probation period expires. Before that, either party may terminate it with notice (Art. 30 § 2). The notice period is (Art. 34):

• 3 working days — if the probation period does not exceed 2 weeks,
• 1 week — if the probation period is longer than 2 weeks,
• 2 weeks — if the probation period is 3 months.

Notice must be in writing (Art. 30 § 3) and include information about the right to appeal to the labour court (Art. 30 § 5). The employer does not have to give a reason for terminating a probationary contract — the duty to state a reason applies to fixed-term and open-ended contracts (Art. 30 § 4).

If the employer terminates the contract in breach of the rules, you are entitled to compensation equal to your pay for the time until the contract was due to end (Art. 50 § 1). If the employer applies too short a notice period, the contract still lasts until the end of the correct period and you are paid for that time (Art. 49).

Probation, pregnancy and leave

• A probationary contract longer than 1 month that would end after the third month of pregnancy is extended until the day of childbirth (Art. 177 § 3).
• During pregnancy and parental-related leave, the employer, as a rule, cannot terminate the contract (Art. 177 § 1).
• For each month worked you acquire leave: in your first job ever — 1/12 of the annual entitlement (Art. 153 § 1). For leave not used by the end of the contract you are, as a rule, entitled to a cash equivalent (Art. 171 § 1).

What this means for you

If you are an employee:

• Before signing, check the end date of the probation period in the contract and whether it is extended by leave or sickness.
• Do not agree to work “on trial” without a contract — work from day one should have a written basis.
• If you receive notice, count the notice period under Art. 34 and check that it is in writing.

If you are an employer:

• Match the length of the probation period to the planned next contract (1, 2 or 3 months) and state your intention to conclude that contract.
• Do not sign a second probationary contract for the same position.
• If you want the probation period to be extended by absences, state this clearly in the contract.

Legal basis: Act of 26 June 1974 — Labour Code (consolidated text, Dz.U. 2026 item 1245), Art. 25 § 1–3, Art. 29 § 1(6) and § 2, Art. 30 § 2–5, Art. 34, 49, 50 § 1, Art. 153 § 1, Art. 171 § 1, Art. 177 § 1 and § 3. Legal status as of 5 October 2026.