I am working without a written contract. What does this mean and what can I do?

Who this applies to

• People who started work "on a handshake", without a signed contract and without written confirmation of its terms.
• People who were promised a contract "next week" or "after the trial period", while the work has already started.
• People who have a contract of mandate (umowa zlecenia) or another civil-law contract but work as if employed. We describe this case in more detail in the guide Contract of mandate or employment contract? How to check what really binds the parties.

Whether this is an employment relationship is decided by the facts, not by the name or form of the contract. An employment relationship is work of a specified type for the employer, under the employer's direction, at a place and time set by the employer, for remuneration (Article 22 § 1 and § 1(1) of the Labour Code).

What to do

1. Ask in writing for a contract or confirmation of the terms. A short email or text message asking for the contract to be sent is enough. Keep a copy. A reply, or the lack of one, is also evidence.
2. Collect evidence of work from the first day. Useful items:
   • rotas, instructions and messages from your superior (messaging apps, email, text messages),
   • photos of your ID badge, work clothing, attendance lists,
   • bank transfers or confirmations of cash payments,
   • your own notes: dates, hours, place of work, names of people who gave instructions,
   • details of co-workers who may be witnesses.
3. Check whether you have been registered with ZUS (Social Insurance Institution). Registration for insurance is made by the contribution payer within 7 days of the insurance obligation arising (Article 36(2) and (4) of the Act on the Social Insurance System). You will see the registration information in your ZUS account. Failure to report the required data is a petty offence under Article 98(1)(2) of that Act.
4. File a complaint with the District Labour Inspectorate (OIP). The PIP inspects the legality of employment (Article 10(1)(3) of the Act on the National Labour Inspectorate) and may do so without prior notice (Article 24(1)). The inspector does not disclose to the employer that the inspection results from a complaint, unless you give your written consent to this (Article 44(3)). According to the PIP, in an inspection of the legality of employment the inspector may ask for such consent, because without it the inspector cannot check this matter. You can prepare the complaint in the complaint generator, and we describe the rules in the guide How do you file a complaint to the National Labour Inspectorate?
5. If you are still working, the PIP can bring about the conclusion of a contract. From 8 July 2026 the inspector may issue an instruction (polecenie) to remedy violations concerning failure to conclude an employment contract. If the employer does not comply, the District Labour Inspector may, by decision (decyzja), establish the existence of an employment relationship also where a person actually performs work for remuneration without any contract (Article 11(1)(7a) and (2) of the Act on the National Labour Inspectorate). Details: How the PIP establishes an employment relationship: inspection, instruction and OIP decision step by step.
6. Consider a claim to establish the existence of an employment relationship. Such a case is heard by the district court (sąd rejonowy, labour court) regardless of the value of the claim (Article 461 § 1(1) of the Code of Civil Procedure, KPC). You can bring the claim before the court competent for the defendant or for the place where the work is, was or was to be performed (Article 461 § 1 of the Code of Civil Procedure). As a rule, an employee bringing a claim does not pay court fees (Article 96(1)(4) of the Act on Court Costs). The District Labour Inspector may also bring a claim on your behalf.
7. You can also act after the work has ended. When the cooperation has already ended, the main route is the labour court. See The cooperation has already ended. How do you establish that it was an employment contract?

Exceptions and caveats

• Written form is not a condition for the contract to exist. The Code provides that where the contract was not put in writing, the employer confirms its terms in writing. So the mere lack of a document does not mean there is no contract. A dispute as to whether you were in an employment relationship is decided by the court on the basis of the facts.
• The penalty applies to the employer. Article 281 § 1(2) of the Labour Code punishes whoever, "being an employer or acting on its behalf", fails to confirm the contract in writing before allowing the person to work. The fine is from PLN 2,000 to PLN 60,000 (rates in force from 8.07.2026). The inspector may impose a fixed penalty notice (mandat) of up to PLN 5,000 or file a request for punishment with the court.
• Higher penalty in a special case. If the person employed without written confirmation is a person referred to in Article 2(1)(4) of the Act on the National Register of Debtors, the fine for the employer is from PLN 3,000 to PLN 90,000 (Article 281 § 2 of the Labour Code).
• Illegal employment. The Act on the Labour Market defines it as employing a person without confirming in writing, within the required time, the type of contract and its terms, or failing to register the person for social insurance (Article 2(14)). The Act has been amended five times (Dz.U. 2025 items 1746 and 1794, Dz.U. 2026 items 451, 507 and 734), and one amendment is awaiting entry into force (Dz.U. 2026 item 1123). We checked their content: none of them changes Article 2(14). A consolidated text of the Act has not yet been published.
• Proceedings before the Constitutional Tribunal. The provisions on an OIP decision establishing an employment relationship are the subject of case K 17/26. As at 15.10.2026 the case is pending, and the provisions apply.
• When to go to a lawyer. Get advice when the employer denies that you worked at all, when several months of unpaid wages are at stake, when the work lasted a long time before it ended, or when you are a foreign national and your residence depends on the contract. The PIP also provides free legal advice, see advice at the inspectorates.

Example

Assumptions: a person has been working in a shop for 2 weeks, every day during hours set in the rota, under the supervision of a shift manager. They are paid in cash every week. They have not signed a contract and have not received written confirmation of the terms. They are still working.

1. They write to the employer asking for an employment contract and keep a screenshot.
2. They take photos of the rota, write down their working hours and pay dates, and keep messages from the manager.
3. They check in their ZUS account that they have not been registered for insurance.
4. They file a signed complaint with the OIP that is competent, according to the PIP website, for the employer's registered office. They describe facts that show work under direction, at a set place and time, for remuneration.
5. If the inspector confirms work in the conditions described in Article 22 § 1 of the Labour Code, the inspector may issue an instruction to conclude a contract, and if the employer does not comply, the OIP may issue a decision. For the period before the decision, the person can seek a determination before the labour court.

Documents and deadlines

Frequently asked questions

Can I be penalised for working without a contract?

The petty offence under Article 281 § 1(2) of the Labour Code is committed by the employer or a person acting on its behalf, not by the employee. If at the same time you receive benefits that depend on not being employed, check the consequences with the office that pays them.

Will the PIP help if I no longer work there?

The PIP will accept the complaint and may inspect the employer. However, a decision establishing an employment relationship covers the situation at the time of the inspection. According to the PIP, this route requires the work to still be ongoing on the day of the inspection. For a period that has ended, the best route is a claim before the labour court.

Are text messages and photos enough as evidence?

The court assesses all the evidence together. Messages from your superior, rotas, payment confirmations and witness statements often complement each other. The more independent evidence there is, the easier it is to show work under direction.

Useful tools

• PIP complaint generator
• Questionnaire: mandate or employment

Related guides

• Contract of mandate or employment contract? How to check what really binds the parties
• How do you file a complaint to the National Labour Inspectorate?
• How the PIP establishes an employment relationship: inspection, instruction and OIP decision step by step
• The cooperation has already ended. How do you establish that it was an employment contract?

Sources (documents in Polish)

• Kodeks pracy, tekst jednolity Dz.U. 2026 poz. 1245 (art. 22, 29, 281)
• Ustawa z 20.03.2025 o rynku pracy i służbach zatrudnienia, tekst ogłoszony Dz.U. 2025 poz. 620 (art. 2 pkt 14)
• Metryka ELI ustawy o rynku pracy (akty zmieniające)
• Ustawa o systemie ubezpieczeń społecznych, tekst ujednolicony ISAP (art. 36, 98)
• Ustawa o PIP, tekst ujednolicony ISAP (art. 10, 11, 24, 37, 44)
• Ustawa z 11.03.2026 o zmianie ustawy o PIP (Dz.U. 2026 poz. 473)
• Kodeks postępowania cywilnego, tekst jednolity Dz.U. 2026 poz. 468
• Ustawa o kosztach sądowych w sprawach cywilnych, tekst jednolity Dz.U. 2025 poz. 1228 (art. 96)
• PIP, Jak złożyć skargę

Sources checked on 15 October 2026. Law as at 15 October 2026.

Change history

• 15 October 2026: First publication.