💼 Employment RightsTermination During Probation in Poland — Employee Rights Guide
Understand your rights if fired during a probation period in Poland. Learn about notice periods, unlawful dismissal, and what steps to take.
Last verified: April 2026
In Poland, probation periods (okres próbny) are common at the start of employment and allow both the employer and employee to assess whether the working relationship is a good fit. However, even during probation, employees have legal protections under the Polish Labour Code (Kodeks pracy) that limit how and when an employer can end the contract. Knowing your rights during this period can help you respond effectively if your employment is terminated unfairly.
⚖️ Your Key Rights
- ✓You are entitled to a written notice of termination — your employer must inform you of the dismissal in writing, even during probation.
- ✓You have the right to a minimum notice period depending on the length of your probation: 3 working days if employed for less than 2 weeks, 1 week if employed for at least 2 weeks, and 2 weeks if your probation period is 3 months long.
- ✓Your employer is not required to provide a written reason for termination during probation, unless you belong to a protected group (e.g., pregnant employees or trade union members).
- ✓Pregnant employees and those on maternity leave cannot be dismissed during probation, except in cases of employer bankruptcy or liquidation — this protection applies as soon as pregnancy is confirmed.
- ✓Trade union members and certain other protected categories of employees have additional protections and cannot be dismissed without consulting or obtaining consent from the relevant trade union.
- ✓You have the right to receive all outstanding wages, unused holiday pay, and any other entitlements owed to you on the date your contract ends.
- ✓You have the right to challenge an unlawful termination before a Labour Court (Sąd Pracy) within 21 days of receiving the written notice of dismissal.
📋 Common Situations Explained
Dismissed without any written notice
Polish law requires that all terminations, including during probation, be made in writing. If your employer only told you verbally that you were dismissed, this is a procedural violation. You should request a written statement immediately and consider filing a complaint with the National Labour Inspectorate (PIP) or a Labour Court.
Terminated while pregnant
If you were dismissed during your probation period and were pregnant at the time — even if your employer did not know — you are legally protected from dismissal under the Polish Labour Code. You should inform your employer of your pregnancy (backed by a doctor's certificate) as soon as possible, as this may lead to reinstatement or compensation.
Dismissed before the full notice period elapsed
If your employer terminated your contract but did not allow you to work through your legal notice period or pay you in lieu of notice, they may owe you compensation for the remaining notice period. You can pursue this claim through a Labour Court within 21 days of the dismissal.
Probation period extended or repeated unlawfully
Under Polish law, a probation period can generally last a maximum of 3 months and can only be used once with the same employer for the same type of work. If your employer extended your probation beyond the legal limit or placed you on a second probation for the same role, this may be unlawful, and your contract could be reclassified.
Dismissed for discriminatory reasons
Termination based on protected characteristics such as gender, age, race, religion, disability, or sexual orientation is prohibited under Polish labour law and EU anti-discrimination directives. If you believe your dismissal during probation was motivated by discrimination, you can file a complaint with the Labour Court or the Commissioner for Human Rights (Rzecznik Praw Obywatelskich).
🚀 What To Do
- 1Request written confirmation of your dismissal immediately if you have not already received it — document the date and circumstances of the termination.
- 2Check the length of your probation period and calculate the minimum notice period you are legally entitled to (3 working days, 1 week, or 2 weeks), and verify whether you received it.
- 3Gather and keep copies of all relevant documents: your employment contract, any written communications with your employer, payslips, and the termination letter.
- 4If you believe the dismissal was unlawful — for example, you are pregnant, a protected union member, or were dismissed for discriminatory reasons — consult a lawyer or contact the National Labour Inspectorate (Państwowa Inspekcja Pracy) as soon as possible.
- 5If you decide to challenge the dismissal, file a claim with your local Labour Court (Sąd Pracy) within 21 days of receiving the written termination notice — missing this deadline can result in losing your right to appeal.
- 6Register as unemployed with your local Labour Office (Urząd Pracy) to access unemployment benefits and job placement support while your situation is resolved.
👨⚖️ When to Get a Lawyer
You should seek professional legal advice if you are pregnant, belong to a protected group, suspect discrimination, or if your employer has not followed the proper legal procedures — a labour lawyer can help you file a court claim and maximise any compensation you may be entitled to.
🔗 Official Resources
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