What obligations and what rights does an employer have towards employees?
Short answer
An employer must conclude a written contract, inform the employee of the terms of employment, register them with ZUS within 7 days, send them for medical checks and train them in health and safety before admitting them to work, pay on time, keep working time records and employee documentation, ensure safe conditions, counteract discrimination and mobbing, and finally issue an employment certificate. From 50 employees it must have work rules. It has the right to give instructions, organise working time, apply disciplinary penalties, introduce monitoring and sobriety checks, and give notice of termination. Breaches are petty offences punishable by a fine of PLN 2,000 to PLN 60,000.
In this guide: Employer obligations under Article 94 of the Labour Code: contract, information, ZUS, BHP, pay, records, work rules, certificate. Rights and sanctions.
Who this applies to
Anyone who employs even one person on an employment contract (umowa o pracę). A business that uses only contracts of mandate (umowa zlecenia) or B2B has no obligations under the Labour Code (Kodeks pracy, KP) towards these people, but is subject to a PIP inspection as regards health and safety, legality of employment and civil-law contracts.
Employer obligations
The list in Article 94 of the Labour Code
The employer is obliged in particular:
- to familiarise new employees with the scope of their duties, the way the work is to be performed and their rights (point 1) and to inform them of the terms of employment (point 1a),
- to organise work so as to make full use of working time (point 2) and to reduce its arduousness (point 2a),
- to counteract discrimination in employment (point 2b); from 5.11.2026 also any unequal treatment and mobbing, and a new point 2c will add protection of dignity and personal rights,
- to ensure safe and hygienic working conditions and provide health and safety (BHP) training (point 4),
- to pay wages on time and correctly (point 5),
- to facilitate the improvement of qualifications (point 6), help graduates (point 7), meet social needs as far as resources allow (point 8) and apply objective assessment criteria (point 9),
- to keep and store employee documentation, on paper or electronically (point 9a), preserving its confidentiality, integrity, completeness and availability, for the period of employment and 10 years from the end of the year in which the contract ended (point 9b),
- to influence the shaping of the rules of social coexistence (point 10).
Equal treatment and mobbing
The employer makes the text of the provisions on equal treatment available to employees (Article 94(1) of the Labour Code) and informs them of the possibility of full-time or part-time employment, of promotions and of vacancies (Article 94(2) of the Labour Code). It is obliged to counteract mobbing (Article 94(3) § 1 of the Labour Code). From 5.11.2026 this obligation covers prevention, detection, response and support, and an employer with at least 10 employees sets anti-mobbing and anti-discrimination procedures in a collective agreement, the work rules or separate rules (Article 94(3a) § 1 of the Labour Code). Details: Mobbing at work.
Contract and information on the terms of employment
The contract is concluded in writing, and if this was not done, the employer confirms in writing the parties, the type of contract and the terms before admitting the employee to work (Article 29 § 2 of the Labour Code). Within 7 days of admitting the employee to work it informs them, on paper or electronically, of working time standards, breaks, rest, overtime, pay components, leave and the rules for terminating the contract (Article 29 § 3(1) of the Labour Code), and within 30 days of the social security institution (Article 29 § 3(2) of the Labour Code). Before the employee goes abroad for longer than 4 weeks it provides additional information (Article 29(1) § 2 of the Labour Code). Failing to confirm the contract in writing and a gross breach of the information duty are petty offences (Article 281 § 1(2) and (2a) of the Labour Code). See Working without a written contract.
Registration with ZUS
An employee is registered for social insurance within 7 days of the insurance obligation arising (Article 36(2) and (4) of the Act on the social insurance system). Failing to report the required data is a petty offence under Article 98(1)(2) of that Act.
Medical checks and health and safety training
People being hired undergo initial medical checks, and employees undergo periodic checks and check-up examinations after an illness lasting longer than 30 days (Article 229 § 1-2 of the Labour Code). A person may not be admitted to work without a current certificate of no contraindications (Article 229 § 4 of the Labour Code). The checks are at the employer's expense (Article 229 § 6 of the Labour Code). Health and safety training before admission to work and periodic training take place during working time and at the employer's expense (Article 237(3) § 2-3 of the Labour Code). Exceptions and deadlines: Medical checks and health and safety training.
Health and safety at work
The employer is responsible for the state of health and safety; entrusting tasks to an external health and safety service does not release it from this (Article 207 § 1 of the Labour Code). It must organise work safely, enforce health and safety regulations and carry out the orders of supervisory authorities (Article 207 § 2 of the Labour Code). The costs of health and safety may not be borne by employees (Article 207 § 2(1) of the Labour Code). It informs employees of hazards and of the people designated for first aid and evacuation (Article 207(1) of the Labour Code) and assesses and documents occupational risk (Article 226 of the Labour Code). What the inspector checks: Which documents to prepare for a PIP inspection.
Payment of wages
Wages are paid at least once a month, on a fixed date, no later than within the first 10 days of the following month (Article 85 § 1-2 of the Labour Code). At the employee's request the employer makes available the documents on the basis of which it calculated the pay (Article 85 § 5 of the Labour Code). Payment is made to a bank account, unless the employee has requested payment in cash (Article 86 § 3 of the Labour Code). Payment in lieu of unused leave is paid on the pay date, and if that falls before the contract ends, within 10 days of termination (Article 171 § 4-5 of the Labour Code). Failing to pay on time is a petty offence (Article 282 § 1(1) of the Labour Code).
Working time records
The employer keeps working time records and makes them available at the employee's request (Article 149 § 1 of the Labour Code). It draws up the working time schedule for at least a month and hands it over at least a week in advance (Article 129 § 3 of the Labour Code). Breaching the provisions on working time and failing to keep documentation are petty offences (Article 281 § 1(5) and (6) of the Labour Code). See Overtime.
Work rules
An employer with at least 50 employees introduces work rules, unless these matters are governed by a collective agreement (Article 104 § 1(1) of the Labour Code). With 20-49 employees it must do so if the company trade union organisation requests it (Article 104 § 3 of the Labour Code). The work rules set out, among other things, working time systems and schedules, night time, the date and place of payment, health and safety duties and information on disciplinary penalties (Article 104(1) of the Labour Code).
Employment certificate
On the day the employment relationship ends, the employer issues the certificate, unless it enters into another employment relationship with the employee within 7 days (Article 97 § 1 of the Labour Code). Issuing it may not be made conditional on the employee settling accounts (Article 97 § 1(3) of the Labour Code). Failing to issue it on time is a petty offence (Article 282 § 1(3) of the Labour Code). You can prepare the document in the employment certificate generator.
Employer rights
- Instructions. The employee carries out instructions concerning work if they are not contrary to the law or the contract (Article 100 § 1 of the Labour Code). The employer directs the work and sets its place and time (Article 22 § 1 of the Labour Code).
- Organisation of working time within the standards of Article 129 of the Labour Code; overtime in the cases of Article 151 § 1 of the Labour Code.
- Disciplinary penalties. A warning or reprimand, and in the cases of Article 108 § 2 of the Labour Code a fine of up to one day's pay for a single breach (Article 108 § 1-3 of the Labour Code). A penalty is applied after hearing the employee, within 2 weeks of learning of the breach and 3 months of the breach (Article 109 of the Labour Code).
- Monitoring. Where necessary for safety, protection of property, production control or confidentiality, the employer may introduce video monitoring (Article 22(2) § 1 of the Labour Code) and monitoring of work email (Article 22(3) § 1 of the Labour Code). It sets the rules in a collective agreement, the work rules or an announcement and informs employees 2 weeks before it starts (Article 22(2) § 6-7 of the Labour Code).
- Sobriety checks. Where necessary to protect life, health or property, the employer may introduce sobriety checks (Article 22(1c) § 1 of the Labour Code), after setting the rules and informing employees 2 weeks in advance (Article 22(1c) § 10-11 of the Labour Code).
- Release from the duty to work. In connection with notice of termination, the employer may release the employee from the duty to perform work until the end of the notice period, with pay retained (Article 36(2) of the Labour Code).
- Notice of termination. Stating the reason, with instructions on the right of appeal and after consulting the trade union, with exceptions for protected people: Notice of termination by the employer, Notice period, notice of termination generator.
What to do
- Before the first day of work: written contract, initial medical checks, health and safety training, information on monitoring and sobriety checks if they are used.
- Within 7 days: registration with ZUS and information on the terms of employment; within 30 days, information on the social security institution.
- On an ongoing basis: working time records, schedules a week in advance, payment on a fixed date, documentation, periodic training and medical checks.
- At the end of the contract: employment certificate on the day employment ends, payment in lieu of unused leave (Article 171 of the Labour Code).
Exceptions and caveats
- Changes from 5.11.2026. The Act of 19.06.2026 (Dz.U. 2026 item 1046) amends Article 94(2b) and Article 94(3), adds Article 94(3a) and extends the content of the work rules (Article 104(1) § 1(10) of the Labour Code). The deadline for anti-mobbing procedures follows from its transitional provisions.
- Petty offences. Breaches of the provisions on the employment relationship, working time and documentation (Article 281 of the Labour Code), on pay, leave and the certificate (Article 282 of the Labour Code) and on health and safety (Article 283 of the Labour Code) are punishable by a fine of PLN 2,000 to PLN 60,000. The inspector may impose a fixed penalty notice (mandat) or file a request for punishment with the court (Article 37(1) of the Act on the National Labour Inspectorate). Amounts: Fixed penalty notice and fine.
- PIP orders. The inspector may order payment of wages due (Article 11(1)(7) of the Act on the National Labour Inspectorate); failing to comply with an order (nakaz) is a petty offence (Article 283 § 2(7) of the Labour Code).
- Civil-law contracts. Concluding a contract of mandate or B2B in the conditions of Article 22 § 1 of the Labour Code is a petty offence (Article 281 § 1(1) of the Labour Code), and from 8.07.2026 the District Labour Inspector may establish an employment relationship by decision: How the PIP establishes an employment relationship.
Example
Assumptions: a company employs 12 employees and has neither work rules nor a collective agreement. A new person starts work on Monday.
Before Monday the employer signs the contract, sends the employee for initial medical checks and organises health and safety training. No later than the following Monday it registers them with ZUS and provides the information on the terms of employment, including the date and place of payment, because there are no work rules (Article 29 § 3(1)(m) of the Labour Code). Because it employs at least 10 people, from 5.11.2026 it will have to set rules for counteracting mobbing and discrimination (Article 94(3a) of the Labour Code).
Documents and deadlines
| Obligation | Provision | Deadline or threshold |
|---|---|---|
| Written contract or confirmation of terms | Article 29 § 2 of the Labour Code | before admission to work |
| Information on the terms of employment | Article 29 § 3(1) of the Labour Code | within 7 days of admission to work |
| Information on the social security institution | Article 29 § 3(2) of the Labour Code | within 30 days of admission to work |
| Registration with ZUS | Article 36(2) and (4) of the Act on the social insurance system | 7 days from the insurance obligation arising |
| Initial medical checks | Article 229 § 1 and 4 of the Labour Code | certificate before admission to work |
| Health and safety training | Article 237(3) § 2-3 of the Labour Code | before admission to work, then periodically |
| Payment of wages | Article 85 § 1-2 of the Labour Code | at least once a month, by the 10th day of the following month |
| Payment in lieu of unused leave | Article 171 § 4-5 of the Labour Code | on the pay date or 10 days from termination of the contract |
| Employee documentation | Article 94(9a)-(9b) of the Labour Code | for the period of employment and 10 years from the end of the year the contract ended |
| Work rules | Article 104 § 1(1) of the Labour Code | mandatory from 50 employees |
| Anti-mobbing procedures | Article 94(3a) § 1 of the Labour Code | from 5.11.2026, employers with 10 or more employees |
| Employment certificate | Article 97 § 1 of the Labour Code | on the day the employment relationship ends |
Frequently asked questions
Can I send the information on the terms of employment by email?
Yes, if the employee can print and store it and you keep proof of sending or receipt (Article 29 § 3(4) of the Labour Code).
Useful tools
Related guides
- PIP inspection: whom it concerns, what the inspector can check and how it works
- Which documents to prepare for a PIP inspection? A list with the legal basis
- Fixed penalty notice and fine for violating employee rights: how much are they and what if you refuse?
- Employee medical checks and health and safety training: which are mandatory, who pays and when do they take place?
- I am working without a written contract. What does this mean and what can I do?
- Mobbing at work: what evidence to collect and where to get help?
Sources (documents in Polish)
- Kodeks pracy, t.j. Dz.U. 2026 poz. 1245 (art. 22(1c), 22(2), 22(3), 29, 29(1), 36(2), 85, 86, 94, 94(1), 94(2), 94(3), 94(3a), 97, 100, 104, 104(1), 108, 109, 129, 149, 151, 171, 207, 207(1), 226, 229, 237(3), 281, 282, 283)
- Metryka ELI ustawy z 19.06.2026, Dz.U. 2026 poz. 1046 (zmiany od 5.11.2026)
- Ustawa o systemie ubezpieczeń społecznych, tekst ujednolicony ISAP (art. 36, 98)
- Ustawa o Państwowej Inspekcji Pracy, tekst ujednolicony ISAP (art. 10, 11, 37)
Sources checked on 16 October 2026. Law as at 16 October 2026.
Change history
- 16 October 2026: First publication.
This guide is for information only. The current legal provisions and the information of the National Labour Inspectorate apply. An independent information website. We are not the National Labour Inspectorate (Państwowa Inspekcja Pracy).