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Fixed-term employment contract: how long can it last, how do you terminate it and when does it become permanent?

Author: inspekcja-pracy.pl editorial teamChecked: 16 October 2026

Short answer

Fixed-term employment contracts between the same parties may last for a total of no more than 33 months, and there may be no more than three of them (Article 25(1) § 1 of the Labour Code, Kodeks pracy). Once either of these limits is exceeded, you are employed for an indefinite period by operation of law (Article 25(1) § 3 of the Labour Code). The exceptions include, among others, replacement, seasonal work and objective reasons on the employer's side. A fixed-term contract is terminated on the same rules as a permanent one: the same notice periods apply (Article 36 § 1 of the Labour Code), and since 26 April 2023 the employer must state the reason and consult the intention with the trade union.

In this guide: The 33-month and 3-contract limit, exceptions, notifying the OIP, notice with a reason since 26.04.2023, appeal to the court, extension until the day of birth.

Who this applies to

  • Employees who have yet another fixed-term contract and want to know when they will acquire a permanent contract.
  • Employees whose employer has given notice terminating a fixed-term contract, or who want to terminate it themselves.
  • Employers who conclude fixed-term contracts and must keep to the limits and the duty to notify the labour inspectorate.
  • Pregnant employees employed for a fixed term.

A replacement contract and a probationary contract have separate rules. They are described in the guide Probationary contract and replacement contract.

What to do

  1. Count the contracts and the months. Add up all the fixed-term contracts concluded with the same employer. The limit is 33 months in total and three contracts. Extending a contract by an annex counts as concluding another contract (Article 25(1) § 2 of the Labour Code).
  2. Check whether the contract is covered by an exception. The limits do not apply to contracts concluded to replace an employee during their justified absence, for casual or seasonal work, for work during a term of office, or when the employer indicates objective reasons on its side (Article 25(1) § 4 of the Labour Code). The purpose of the contract or these circumstances must be written into the contract (Article 29 § 1(1) of the Labour Code). If your contract contains no such clause, the contract is subject to the limits.
  3. Establish the effect of exceeding the limit. From the day after the 33 months have passed, or from the day the fourth contract is concluded, you are employed under a contract for an indefinite period (Article 25(1) § 3 of the Labour Code). No new contract needs to be signed; the effect follows by operation of law. If the employer does not recognise this, you can ask it for written confirmation of the type of contract, file a complaint to the PIP or bring an action for a declaration before the labour court.
  4. If you want to terminate the contract, apply the period under Article 36 § 1 of the Labour Code: 2 weeks if you have been employed by that employer for less than 6 months, 1 month for at least 6 months, 3 months for at least 3 years. What counts is the whole period of employment with that employer, not the length of the current contract. A period counted in weeks ends on a Saturday, and one counted in months on the last day of the month (Article 30 § 2(1) of the Labour Code). You can calculate the end date in the notice period calculator, and prepare the letter in the notice generator. The employee does not have to give a reason.
  5. If you are the employer and are giving notice terminating a fixed-term contract, state in the letter the reason justifying the notice (Article 30 § 4 of the Labour Code), notify the company trade union organisation representing the employee, if one operates (Article 38 § 1 of the Labour Code), and include information about the right to appeal to the labour court (Article 30 § 5 of the Labour Code). Details in the guide Notice of termination given by the employer.
  6. If you received a notice without a reason or with an untrue reason, you have 21 days from service of the letter to appeal to the labour court (Article 264 § 1 of the Labour Code). The court may rule that the notice is ineffective, reinstate you or award compensation (Article 45 § 1 of the Labour Code).
  7. When the contract comes to an end, it is terminated on expiry of the period for which it was concluded (Article 30 § 1(4) of the Labour Code). Nobody needs to give notice. The employer issues an employment certificate (świadectwo pracy) on the day employment ends, unless it concludes another contract with you within 7 days (Article 97 § 1 and § 1(1) of the Labour Code).

Notifying the labour inspectorate of a contract for objective reasons

If the employer concludes a fixed-term contract because of objective reasons on its side (Article 25(1) § 4(4) of the Labour Code), it must notify the competent District Labour Inspector of the conclusion of such a contract and indicate the reasons. The notification is submitted in writing or electronically within 5 working days of the conclusion of the contract (Article 25(1) § 5 of the Labour Code). Failure to notify is a petty offence punishable by a fine of PLN 2,000 to PLN 60,000 (Article 281 § 1(1a) of the Labour Code). This duty does not apply to replacement, seasonal or term-of-office contracts. You can find the competent inspectorate on the competence page.

Exceptions and caveats

  • Extension until the day of birth. A fixed-term contract that would be terminated after the end of the third month of pregnancy is extended until the day of birth (Article 177 § 3 of the Labour Code). A probationary contract longer than one month works the same way. The extension period is not counted towards the 33-month limit or the number of contracts (Article 25(1) § 4(1) of the Labour Code). The extension does not apply to a contract concluded for replacement (Article 177 § 3(1) of the Labour Code). After the day of birth the contract is terminated, and the right to maternity benefit after insurance ends follows from Article 30(4) of the Sickness Benefits Act.
  • The former, narrower claims no longer apply. Until 25 April 2023, only compensation was available for a defective notice terminating a fixed-term contract (Article 50 § 3-5 of the Labour Code). These provisions were repealed by the Act of 9.03.2023. Today Article 45 of the Labour Code applies to fixed-term contracts, which also means reinstatement. Exception: when the term of the contract expired before the judgment, or only a short period remained until its end, the court awards compensation only (Article 45 § 2 of the Labour Code), in the amount of pay for the period until the end of the contract, but no more than for 3 months (Article 47(1) of the Labour Code).
  • Shortening the notice period. With a 3-month notice period given because of bankruptcy, liquidation or other reasons not concerning the employees, the employer may shorten the period to 1 month, but must pay compensation for the remaining part (Article 36(1) § 1 of the Labour Code). The provision also covers fixed-term contracts.
  • Days off to look for work. When the employer gives notice, you are entitled to 2 working days (2-week and 1-month period) or 3 working days (3-month period). You are not entitled to them when you are the one giving notice (Article 37 of the Labour Code).
  • Termination by the employee without notice. If the employer seriously breaches its basic duties, you can terminate the contract without notice. With a fixed-term contract, the compensation is pay for the period the contract was to last, but no more than for the notice period (Article 55 § 1(1) of the Labour Code).
  • Contracts from before 22 February 2016. The 33-month limit was introduced on that day. For contracts in force at the time, the period was counted from that date (Article 14(4) of the Act of 25.06.2015). Today this is of historical significance.
  • Service with a previous employer. The period of employment on which the length of the notice period depends includes employment with a previous employer if there was a transfer of the workplace or the new employer is the legal successor (Article 36 § 1(1) of the Labour Code).

Example

Assumptions: an employee has concluded three fixed-term contracts with the same company: 6 months, 12 months and 12 months, one after the other, with no clause on objective reasons or replacement. After the third contract, the employer proposes an annex extending it by another year.

Three contracts make 30 months, so the 33-month limit has not yet been exceeded. The annex, however, is treated as concluding a fourth contract (Article 25(1) § 2 of the Labour Code). From the day the annex is concluded, the employee is employed for an indefinite period (Article 25(1) § 3 of the Labour Code). If instead of an annex the employer simply kept employing him on the third contract, the conversion would take place from the day after the 33 months passed. In both cases, terminating such a contract requires a reason to be given, and the notice period is 1 month, because employment has lasted more than 6 months and less than 3 years.

Documents and deadlines

WhatDeadline or meaning
Limit on fixed-term contracts33 months in total or 3 contracts (Article 25(1) § 1 of the Labour Code)
Notification of the OIP of a contract for objective reasons5 working days from conclusion of the contract, in writing or electronically (Article 25(1) § 5 of the Labour Code)
Notice period2 weeks, 1 month or 3 months depending on length of service with the employer (Article 36 § 1 of the Labour Code)
End of the notice periodSaturday (weeks) or the last day of the month (months), Article 30 § 2(1) of the Labour Code
Appeal against a notice of termination21 days from service of the letter, to the labour court (Article 264 § 1 of the Labour Code)
Employment certificateon the day employment ends, unless another contract within 7 days (Article 97 § 1 of the Labour Code)
Extension until the day of birtha contract that would be terminated after the 3rd month of pregnancy (Article 177 § 3 of the Labour Code)

Frequently asked questions

Does a break between contracts reset the 33-month limit?

No. Article 25(1) § 1 of the Labour Code refers to the total period of employment under fixed-term contracts "concluded between the same parties". The provision does not say that a break interrupts the count. All fixed-term contracts with the same employer are added together.

Does the employer have to justify the termination of a fixed-term contract?

Yes, since 26 April 2023. In the statement giving notice terminating a fixed-term contract, the employer indicates the reason (Article 30 § 4 of the Labour Code). For a probationary contract, no reason is required.

What if the employer gave notice on a fixed-term contract with a 2-week period, but I was entitled to a month?

The contract is terminated only on expiry of the required period, and you are entitled to pay for that time (Article 49 of the Labour Code).

Useful tools

Related guides

Sources (documents in Polish)

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).