Fixed-term contracts in a Polish JDG: 33 months and 3 contracts
Track duration and contract count separately. Understand genuine exceptions and the specific five-working-day PIP notice.
A new fixed-term contract does not reset the history. Between the same employer and employee, check two separate limits: total employment duration and number of contracts.
Track both limits
The basic rule allows up to 33 months of fixed-term employment and up to 3 such contracts between the same parties. Exceeding the duration converts employment to indefinite from the day after 33 months; the fourth contract does so from its conclusion. Checking only one limit is insufficient.
Exceptions need a genuine temporary need
Exceptions cover replacement of an employee during a justified absence, occasional or seasonal work, a term of office, and objective reasons on the employer’s side. They must serve genuine periodic demand and be necessary in the circumstances. State the purpose or circumstances in the contract; a 'seasonal' label does not replace facts.
Five working days applies to a specific exception
Notify the competent district labour inspector within 5 working days of concluding a contract using the employer-objective-reasons exception. State the reasons in writing or electronically. This is not a universal notice for every replacement or seasonal contract. Check unusual contract histories individually before signing.
FAQ
Can three contracts total over 33 months?
Not under the ordinary rule. Count and duration are separate limits; an exception needs its own basis.
Can the fourth contract still be called fixed-term?
Its label does not remove the statutory effect: under the basic rule employment is indefinite from conclusion.
Must every exceptional contract be reported in five days?
No. This obligation concerns objective reasons on the employer’s side.
Source
National Labour Inspectorate: employment guidance.
Next step
Describe your issue in the Oxyok form. Do not send passwords or access keys..