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A fixed‑term employment contract is signed for a specific period. It grants employee rights but is time‑limited.
Polish rules set limits on the number of contracts and total duration. Exceeding them can convert the contract into an indefinite‑term contract.
Fixed‑term contracts can be terminated under Labour Code notice rules. See employment notice periods.
As a rule, the law limits the total duration and number of fixed‑term contracts. After exceeding limits the contract may be treated as indefinite. It is worth checking the current rules, as exceptions depend on the situation.
There are exceptions, for example contracts for replacement or specific tasks. If an exception applies, it should be clearly stated in the contract.
An employee signs the third fixed‑term contract and has already worked for over two years. Without an applicable exception, the risk of automatic conversion to indefinite is real.
Breaks between contracts and the way they are signed matter. Even a short break does not always reset the limits, so monitor total cooperation time.
As a rule there is a 33‑month and 3‑contract limit for fixed‑term employment. After exceeding it, the next contract may be treated as indefinite, unless a statutory exception applies.
The limit is counted in total for consecutive fixed‑term contracts with the same employer. Short breaks do not always reset it, so sum the actual employment time.
Exceptions may include replacement contracts, term‑of‑office contracts or objective employer needs. If an exception applies, it should be noted in the contract.
A fixed‑term contract can be terminated under Labour Code rules. The notice length depends on seniority; in practice mutual agreement is often used for faster exit.
If the parties continue working after the end date, the contract may be treated as indefinite. It is best to clarify whether the contract ends or is extended and on what terms.
An employee has already had two fixed‑term contracts. A third contract is signed for 12 months without stating an exception. After exceeding limits, the risk of conversion to indefinite is high.
If both sides want a quicker end, a mutual agreement is often simpler than notice. It allows you to set the end date and settle benefits without timing disputes.
If the contract relies on a statutory exception, state it explicitly in the contract and keep justification (e.g. replacement or a specific project). This reduces the risk of disputes about the contract type.
It is useful to keep a simple register of fixed‑term contracts to monitor limits. This supports HR decisions and reduces the risk of accidental breaches.
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