Unpaid trial day and training before employment. When are you entitled to pay?

Author: inspekcja-pracy.pl editorial teamChecked: 15 October 2026

Short answer

The law does not recognise an "unpaid trial day". If for a few hours or days you actually work for a company, under its direction, at a place and time it sets, then under Article 22 of the Labour Code (Kodeks pracy, KP) this is work within an employment relationship, and such work is always paid. In that case, before allowing you to start work, the employer should confirm the contract in writing, send you for a medical check and give you health and safety (BHP) training. An employment contract for a probationary period is the tool for testing a candidate. Only other forms can lawfully be unpaid: a short interview or recruitment task without working for the company, an unpaid graduate placement (praktyka absolwencka) based on a written agreement, or volunteering, but not in a company's business activity.

This matter usually requires an individual legal assessment. The guide explains the rules, but the outcome depends on documents and circumstances. Before an important decision, consult a lawyer or a trade union, or use free PIP advice. PIP legal advice.

In this guide: Trial day, recruitment task, probation, traineeship, graduate placement and volunteering. When it is paid work, health and safety, medical checks and accidents.

Who this applies to

Candidates who were offered a "trial day", a "day's work on trial", "on-the-job training" or an "onboarding period" without a contract and without pay.
People who have already worked such a day and were not paid.
Employers who want to test a candidate lawfully.

What to do

Establish what you actually did. The key questions: did you serve customers, carry out jobs, produce, clean, drive a vehicle, and did the company use the result of your work? Did someone give you instructions and set your hours? If so, these are the features of work under Article 22 § 1 of the Labour Code. The name "trial" or "training" does not matter (Article 22 § 1(1) of the Labour Code). The Mandate or employment tool will help.
Compare with the forms described in the table below. Each has different rules on pay and insurance.
Record evidence. Dates and hours of work (you can use the working hours table), the job advert, messages inviting you to a "trial day", the name of the person who gave you instructions, names of witnesses. Do not copy company documents or customer data.
Claim payment in writing. Pay is due for work performed (Article 80 of the Labour Code). If no rate was agreed, for an employment contract, pay for full monthly working time may not be lower than the minimum wage, PLN 4,806 gross in 2026 (Article 6(1) of the Minimum Wage Act, Dz.U. 2025 item 1242). For a few hours of work, a corresponding part is due. You can prepare the letter in the demand for payment generator.
File a complaint with the PIP. The National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) inspects the legality of employment and the payment of wages (Article 10(1) of the Act on the National Labour Inspectorate). Allowing someone to work without confirming the contract in writing is a petty offence (Article 281 § 1(2) of the Labour Code). The inspector does not reveal that the inspection results from a complaint without your written consent (Article 44(3) of the Act on the National Labour Inspectorate). Details: How do you file a complaint to the National Labour Inspectorate? and I am working without a written contract. What does this mean and what can I do?
In a dispute, go to the labour court. You can sue for pay and, if the employer denies that you worked, also for a declaration that an employment relationship existed. Claims become time-barred 3 years from the due date (Article 291 § 1 of the Labour Code).

Forms of "trial" and their rules

Form	Is pay due	Legal basis and conditions
Interview, test, short recruitment task	the law does not regulate this	It should not involve doing work for the company. When the company uses the result of your work, it comes close to work under Article 22 § 1 of the Labour Code (our assessment).
"Trial day" with actual work under direction	yes, wages	Article 22 § 1, Article 80 of the Labour Code; written confirmation of the contract before starting work (Article 29 § 2 of the Labour Code)
Employment contract for a probationary period	yes, wages	up to 3 months, to check qualifications (Article 25 § 2 of the Labour Code); shorter if the planned fixed-term contract is shorter than 12 months (Article 25 § 2(2) of the Labour Code)
Contract of mandate (umowa zlecenia) "on trial"	yes, at least the minimum hourly rate: PLN 31.40 gross in 2026	Article 8a of the Minimum Wage Act; the contract specifies how hours are confirmed (Article 8b)
Traineeship (staż) from the labour office	a stipend from the district head (starosta), not pay from the company	only for an unemployed person referred by the starosta, under an agreement between the starosta, the organiser and the unemployed person, usually 3-6 months, in some cases up to 12 (Article 114 of the Labour Market Act)
Graduate placement	may be paid or unpaid	written agreement, person up to 30 years of age, up to 3 months (Articles 2, 3, 5 of the Graduate Placements Act)
Volunteering	no pay	only for, among others, non-governmental organisations, public administration and healthcare entities, excluding their business activity (Article 42(1) of the Volunteering Act)

Exceptions and caveats

Recruitment task. No provision specifies how long or what kind of task a candidate may be given without pay. The difference between a test and work depends on the facts: whether you do work for the company, under its direction, and whether the company uses the result. This is assessed case by case.
A probationary period is an employment contract. It gives the same basic rights as other employment contracts, including the right to pay, medical checks and health and safety training. The provision sets the maximum length of a probationary period, not the minimum (Article 25 § 2 of the Labour Code).
Health and safety training and medical checks before work. The employer may not allow an employee to work without a valid medical certificate (Article 229 § 4 of the Labour Code) or without health and safety training (Article 237(3) § 1-2 of the Labour Code). The checks are at the employer's expense (Article 229 § 6 of the Labour Code). Health and safety training takes place during working time and at the employer's expense (Article 237(3) § 3 of the Labour Code). "On-the-job training" combined with doing the work is already work. More: Employee medical checks and health and safety training: which are mandatory, who pays and when do they take place?
Health and safety also for people without an employment contract. The employer must ensure safe and hygienic conditions also for people working for it on a basis other than an employment relationship (Article 304 § 1 of the Labour Code). The traineeship organiser and the entity accepting a graduate placement ensure health and safety on the same terms as for employees (Article 116(2) of the Labour Market Act, Article 6 of the Graduate Placements Act), and the traineeship organiser sends the trainee for an initial medical check at its own expense (Article 116(1)).
Traineeship. A traineeship means acquiring knowledge and skills by performing tasks at the workplace without establishing an employment relationship (Article 2(44) of the Labour Market Act). It cannot be organised directly with a candidate. It requires a referral by the starosta and an agreement (Article 114(5)). The monthly stipend is 160% of the unemployment benefit for a full-time traineeship (Article 235(2)).
Graduate placement. It requires a written agreement specifying the type of work, the period, the weekly working time and any payment (Article 5(1)-(2)). The payment may not exceed twice the minimum wage (Article 3(2)). Labour law does not apply to a placement, except for selected provisions, including those on working time standards and rest (Article 4). The agreement may not concern particularly dangerous work (Article 5(3)).
Volunteering in a company. A volunteer is a person who voluntarily and without pay provides services under the Act (Article 2(3)). The Act lists for whom a volunteer may act and excludes the business activity of those entities (Article 42(1)). A company or shop in its commercial activity is not on this list. Calling it "volunteering" in an ordinary company does not change the assessment if the work has the features in Article 22 § 1 of the Labour Code.
Employers: if you want to test a candidate in practice, conclude a contract for a probationary period or another written contract before work begins, send them for a medical check and give health and safety training. Failure to comply with health and safety rules is a petty offence under Article 283 § 1 of the Labour Code, and allowing someone to work without written confirmation of the contract is one under Article 281 § 1(2) of the Labour Code (fine of PLN 2,000 to PLN 60,000).
When to see a lawyer. When the employer denies that you worked, when an accident happened on the "trial day", or when you are a foreign national and your residence depends on the legality of your work.

Accident during a "trial day"

If it was work within an employment relationship. Employees are covered by accident insurance from the day the employment relationship is established (Article 12(1) and Article 13(1) of the Social Insurance System Act). An accident at work is a sudden event caused by an external cause, resulting in injury or death, that occurred in connection with work (Article 3(1) of the Accident Insurance Act). If the employer did not register you with ZUS (Social Insurance Institution) and denies employing you, it may be necessary to have the employment relationship established by a court. Report the accident to the employer in writing and keep your medical records. See Accident at work: what must the employer do and what rights does the injured employee have?
Trainee. An event during a traineeship completed by a person receiving a stipend on the basis of a referral from the labour office is also considered an accident (Article 3(3)(4) of the Accident Insurance Act).
Volunteer. For services lasting up to 30 days, the beneficiary must provide accident insurance. For longer ones, benefits under separate provisions apply (Article 46(2)-(3) of the Volunteering Act).
Candidate at an interview or test. The provisions on accidents at work link them to work. When there was no work, the assessment of an accident depends on the circumstances and requires an individual analysis.

Example

Assumptions: a candidate responds to a café's advert. The owner invites them to a "trial day" on Saturday from 9:00 to 17:00, without a contract and without pay. The candidate serves customers, takes payments and cleans the room, and the shift manager tells them what to do. After the day, they are told they have not been hired.

They worked for the café, under direction, at a place and time set by it. These were the features of work under Article 22 § 1 of the Labour Code, despite the name "trial day".
They are entitled to pay for 8 hours of work (Article 80 of the Labour Code). The café did not confirm the contract in writing, did not send them for a medical check and did not give them health and safety training.
The candidate writes down the date, the hours and the manager's name, keeps the invitation message and sends a written demand for payment.
If they do not receive the money, they can file a complaint with the PIP or a claim with the labour court. They have 3 years from the due date to do so.

For comparison: if they had spent 30 minutes making a trial coffee under the owner's supervision, without serving customers and without selling, this would be more of a skills test than work. The final assessment depends on the facts.

Documents and deadlines

What	Deadline or rule	Legal basis
Written confirmation of the employment contract	before starting work	Article 29 § 2 of the Labour Code
Initial medical check	before starting work, at the employer's expense	Article 229 § 4 and § 6 of the Labour Code
Health and safety training	before starting work, during working time and at the employer's expense	Article 237(3) § 2-3 of the Labour Code
Registration for insurance	7 days from when the obligation arises	Article 36 of the Social Insurance System Act
Contract for a probationary period	up to 3 months	Article 25 § 2 of the Labour Code
Minimum wage 2026	PLN 4,806 gross; minimum hourly rate under a contract of mandate PLN 31.40	Dz.U. 2025 item 1242
Graduate placement	written agreement, up to 3 months	Article 5 of the Graduate Placements Act
Limitation period for claims	3 years from the due date	Article 291 § 1 of the Labour Code

Frequently asked questions

Can a company ask me to do a recruitment task for free?

The law does not prohibit tests and recruitment tasks or set limits on them. However, if the task is in practice work that the company uses, done under its direction, it may be work within the meaning of Article 22 § 1 of the Labour Code. Keep the content of the task and the correspondence.

Can a contract for a probationary period last only one day?

The Code sets only the maximum length of a contract for a probationary period: up to 3 months (Article 25 § 2 of the Labour Code). A short contract is therefore possible. It is still an employment contract with pay, a medical check and health and safety training.

The employer called me a volunteer. Does that change anything?

No, if you work for a company in its business activity. The Volunteering Act excludes services for business activity and does not cover ordinary commercial companies (Article 42(1)). The nature of the work is decided by the facts under Article 22 § 1 of the Labour Code.

From when am I paid for an "onboarding period"?

From the first day on which you do work. The Code does not provide for an unpaid onboarding period for an employee. Health and safety training takes place during working time (Article 237(3) § 3 of the Labour Code).

Useful tools

Related guides

Sources (documents in Polish)

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

Change history

15 October 2026: First publication.

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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).