Probationary contract and replacement contract: how long can they last and how do you terminate them?
Short answer
A probationary contract may last no more than 3 months (Article 25 § 2 of the Labour Code, Kodeks pracy). If the employer plans to follow it with a fixed-term contract shorter than 6 months, the probationary period may be no more than 1 month, and with a planned contract of 6 to 12 months no more than 2 months (Article 25 § 2(2) of the Labour Code). It is terminated without giving a reason, with a notice period of 3 working days, 1 week or 2 weeks (Article 34 of the Labour Code). A replacement contract is a fixed-term contract to which the limit of 33 months and 3 contracts does not apply, but it is terminated like any fixed-term contract, with a reason and the period under Article 36 § 1 of the Labour Code.
In this guide: Probation up to 3 months (1 or 2 with a short planned contract), notice of 3 days, a week or 2 weeks, no reason. Replacement without the 33-month limit.
Who this applies to
- People who are starting work and have been given a probationary contract.
- People employed to replace an absent employee, e.g. during their parental leave or a long illness.
- Employers who want to test a candidate or fill a position during an absence.
The rules on the probationary period have applied in their current form since 26 April 2023 (Act of 9.03.2023).
What to do
Probationary contract
- Check the length of the probationary period. As a rule, a maximum of 3 months. The purpose of the contract is "to check the employee's qualifications and the possibility of employing them to perform a specific type of work" (Article 25 § 2 of the Labour Code).
- Check whether the contract mentions a planned fixed-term contract. If the employer intends to conclude a fixed-term contract after the probationary period, it writes this into the probationary contract (Article 29 § 1(6)(b) of the Labour Code). Shorter limits then apply: 1 month with a planned contract shorter than 6 months, 2 months with a planned contract of 6 to 12 months (Article 25 § 2(2) of the Labour Code). The parties may extend this period once, by no more than 1 month, if the type of work justifies it (Article 25 § 2(3) of the Labour Code).
- Check the clause on extension for absences. The parties may agree in the contract that the probationary period is extended by the time of leave and other justified absence, if such absences occur (Article 25 § 2(1) of the Labour Code). Without such a clause, the contract ends on the agreed day, even if you were ill.
- If you want to leave, or the employer wants to dismiss you before the end of the probationary period, the contract can be terminated by notice (Article 30 § 2 of the Labour Code). The notice period depends on the length of the probationary period (Article 34 of the Labour Code): 3 working days if the probationary period does not exceed 2 weeks; 1 week if it is longer than 2 weeks; 2 weeks if it is 3 months. You can calculate the end date in the notice period calculator, and prepare the letter in the notice generator.
- The employer does not have to give a reason. The duty to state a reason under Article 30 § 4 of the Labour Code concerns fixed-term and permanent contracts; it does not mention probationary contracts. There is no trade union consultation either (Article 38 § 1 of the Labour Code). The employer must, however, include information about the right to appeal to the labour court (Article 30 § 5 of the Labour Code) and keep to the written form (Article 30 § 3 of the Labour Code).
- After the probationary period the contract is terminated by itself (Article 30 § 2 of the Labour Code). If the employer wants to keep employing you, it concludes another contract: fixed-term or permanent. The employment certificate (świadectwo pracy) is issued on the day employment ends, unless another contract is concluded within 7 days (Article 97 § 1 and § 1(1) of the Labour Code).
Replacement contract
- Check that the purpose of the contract is written in. A replacement contract is a fixed-term contract concluded "to replace an employee during their justified absence from work" (Article 25(1) § 4(1) of the Labour Code). This purpose must be indicated in the contract (Article 29 § 1(1) of the Labour Code). Without such a clause, the contract is an ordinary fixed-term contract subject to the limits.
- Do not count it towards the limit. The limit of 33 months and 3 contracts does not apply to a replacement contract (Article 25(1) § 4 of the Labour Code). The employer does not have to notify the labour inspectorate either, because the duty under Article 25(1) § 5 of the Labour Code concerns only contracts for objective reasons. The limits on ordinary fixed-term contracts are described in the guide Fixed-term employment contract.
- Notice works as with other fixed-term contracts. Since 22 February 2016 there is no longer a 3-day notice period for a replacement contract (repealed Article 33(1) of the Labour Code). The periods under Article 36 § 1 of the Labour Code apply: 2 weeks, 1 month or 3 months depending on length of service with the employer. The employer states the reason (Article 30 § 4 of the Labour Code) and consults the intention with the trade union (Article 38 § 1 of the Labour Code).
- The end of the contract comes on expiry of the period for which it was concluded (Article 30 § 1(4) of the Labour Code). The contract should define this period, e.g. by indicating the day the replaced employee returns or the event ending their absence.
Exceptions and caveats
- Another probationary contract. Another probationary contract may be concluded with the same employee only if they are to perform a different type of work (Article 25 § 3 of the Labour Code). A second "trial" in the same position is not permitted.
- Compensation for a defective notice on a probationary contract. If the notice terminating a probationary contract breached the provisions, you are entitled only to compensation in the amount of pay for the period until which the contract was to last (Article 50 § 1 of the Labour Code). The court does not reinstate you. The appeal is lodged within 21 days of service of the notice (Article 264 § 1 of the Labour Code).
- Wording of Article 34 of the Labour Code. The provision refers to a probationary period "longer than 2 weeks" (1 week's notice) and a period that "is 3 months" (2 weeks). A probationary period of e.g. 2.5 months falls under the second point. The rule that the notice period ends on a Saturday or on the last day of the month (Article 30 § 2(1) of the Labour Code) concerns weeks and months, not 3 working days.
- Pregnancy and the probationary period. A probationary contract exceeding one month 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). This does not apply to a probationary contract of up to one month.
- Pregnancy and replacement. The extension until the day of birth does not apply to a contract concluded for replacement (Article 177 § 3(1) of the Labour Code). A replacement contract ends on the agreed date even during pregnancy.
- Protection against notice applies. The bans on giving notice during leave and justified absence (Article 41 of the Labour Code) and during pregnancy (Article 177 § 1 of the Labour Code) concern every employment contract, including probationary and replacement contracts. The employer may not give notice in these periods, although the contract may be terminated by expiry of its term.
Example
Assumptions: an employer takes on a person for a 3-month probationary period, from 1 March to 31 May. The contract states that the probationary period is extended by the time of justified absence. In April the employee was ill for 10 days. At the end of May the employer decides it does not want to continue the cooperation.
Thanks to the clause under Article 25 § 2(1) of the Labour Code, the contract lasts 10 days longer, i.e. until 10 June. The employer may simply wait for it to be terminated on expiry of the probationary period and does not have to make any statement. It may also give notice earlier with a 2-week period (Article 34(3) of the Labour Code), without giving a reason, but in writing and with information about the appeal to the court. The two-week notice period ends on a Saturday (Article 30 § 2(1) of the Labour Code). If that Saturday falls before 10 June, the contract will be terminated on that Saturday; if later, it will be terminated earlier, on expiry of the probationary period. If the same person had a replacement contract, the employer would have to state the reason for the notice and apply the period under Article 36 § 1 of the Labour Code.
Documents and deadlines
| What | Deadline or meaning |
|---|---|
| Maximum probationary period | 3 months (Article 25 § 2 of the Labour Code) |
| Probationary period with a planned contract shorter than 6 months | 1 month (Article 25 § 2(2)(1) of the Labour Code) |
| Probationary period with a planned contract of 6 to 12 months | 2 months (Article 25 § 2(2)(2) of the Labour Code) |
| One-off extension of the 1- and 2-month periods | by no more than 1 month, when the type of work justifies it (Article 25 § 2(3) of the Labour Code) |
| Notice on a probationary contract | 3 working days, 1 week or 2 weeks (Article 34 of the Labour Code) |
| Notice on a replacement contract | 2 weeks, 1 month or 3 months (Article 36 § 1 of the Labour Code) |
| Appeal to the labour court | 21 days from service of the notice (Article 264 § 1 of the Labour Code) |
| Employment certificate | on the day employment ends, unless another contract within 7 days (Article 97 § 1 of the Labour Code) |
Frequently asked questions
Does the employer have to employ me after the probationary period?
No. A probationary contract is terminated on expiry of that period (Article 30 § 2 of the Labour Code). No provision requires another contract to be concluded. If, however, the employer keeps letting you work, it should confirm in writing the type of the new contract and its terms before letting you start work (Article 29 § 2 of the Labour Code).
Can a replacement contract be concluded without naming the person being replaced?
The provision requires the contract to indicate the purpose, i.e. replacing an employee during their justified absence (Article 29 § 1(1) of the Labour Code). The Act does not say expressly whether the name of the person being replaced must be given. The more precisely the contract defines whom you are replacing and for how long, the easier it is to establish the day it ends.
Useful tools
Related guides
- Unpaid trial day and training before employment. When are you entitled to pay?
- Your employer has not issued your employment certificate. What next?
- I am ill. Do I have to find someone to cover for me?
- Employee medical checks and health and safety training: which are mandatory, who pays and when do they take place?
- Your employer wants you to sign a termination by mutual agreement. What should you check before signing?
Sources (documents in Polish)
- Kodeks pracy, t.j. Dz.U. 2026 poz. 1245 (art. 25, 25(1), 29, 30, 34, 36, 38, 50, 97, 177, 264)
- Ustawa z 9.03.2023 o zmianie ustawy - Kodeks pracy oraz niektórych innych ustaw, Dz.U. 2023 poz. 641
- Ustawa z 25.06.2015 o zmianie ustawy - Kodeks pracy oraz niektórych innych ustaw, Dz.U. 2015 poz. 1220
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).