Probation in a Polish JDG: maximum 1, 2 or 3 months
Probation length depends on the planned next contract. Distinguish work-related extension from agreed absence extension.
Hiring your first employee and planning three months’ probation? Define the intended next contract first. One, two and three months are upper limits, not mandatory durations.
Start with the next contract
If the intended fixed-term contract is shorter than 6 months, probation is at most 1 month. If it is at least 6 but under 12 months, probation is at most 2 months. The general probation ceiling is 3 months. A 1- or 2-month probation contract states the intended length of the following fixed-term contract.
Two different extensions
The shorter probation may be extended once by no more than a month where the nature of work justifies it; include the provision in the contract. Separately, the parties may agree an extension for holiday or another justified absence if it occurs. Neither mechanism means freely adding months.
Another trial needs different work
Another probation contract with the same person is possible only for a different kind of work. Before signing, check the actual role, intended next contract and agreed extension terms. This helps avoid later document repairs.
FAQ
Can a planned five-month contract start with three months’ probation?
Not as ordinary probation. For an intended term under 6 months, the basic ceiling is 1 month.
Does the two-month ceiling require two months?
No. It is a maximum for the relevant next-contract plan; a shorter trial is possible.
Does every absence automatically extend probation?
No. Holiday or other justified-absence extension needs the parties’ agreement in the contract.
Source
National Labour Inspectorate: employment guidance.
Polish Ministry of Family, Labour and Social Policy: probation contracts.
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