Errors in employment contracts – what risk does the employer face

Many employers treat the employment contract as a mere formality. Yet errors in its content can have serious consequences – from a PIP fine to a legal dispute with an employee. It is worth knowing what to check before signing the next contract.

What an employment contract must contain

The Labour Code specifies the mandatory elements of an employment contract. The absence of any of them constitutes a breach of the law.

• Parties to the contract (employer and employee with full details)
• Type of contract (probationary period, fixed-term, indefinite)
• Date of conclusion
• Employment terms and conditions: type of work, place of work, remuneration (components and amount), working time, start date

The most common errors in practice

• Failure to specify the place of work or excessive generalisation (e.g. 'territory of Poland' without justification)
• No information on remuneration components – stating only a global amount is not sufficient
• Outdated job title or job duties that don't reflect reality
• Missing or outdated statement of employment conditions (required under Article 29 § 3 of the Labour Code)
• Contract signed after the employment start date – breach of rules on admission to work
• Failure to familiarise the employee with the work and remuneration regulations

Statement of employment conditions

In addition to the contract itself, the employer must provide the employee with a written statement of employment conditions (the Article 29 § 3 Labour Code statement) within 7 days of signing the contract. It should include: daily and weekly working-time standards, leave entitlement, notice period length, remuneration rules and any applicable collective agreements. Since 2023, the statement must be more detailed.

Consequences of errors

Formal errors in a contract constitute a petty offence under Article 281 § 1 of the Labour Code, punishable by a fine of 1,000 to 30,000 PLN. More serious consequences may arise in civil law: disputes over remuneration amounts, the nature of the employment relationship or contract provisions that conflict with labour law (such provisions are void by operation of law and are replaced by the Code's content).

How I can help

I verify employment contracts for compliance with the current Labour Code and prepare templates tailored to the company's specifics. I also help correct existing contracts and prepare the required statement of employment conditions for all employees.