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Is the foreigner entitled to pre – retirement protection?


Ladies and gentlemen,

you probably often ask yourself the question, if when you are employed by a Polish employer and you have the same rights and obligations as a Polish employee?

First, it should be pointed out that the provisions of the Polish Labor Code apply accordingly to foreigners employed in Poland.

This means, inter alia, that a foreigner employed under an employment contract may not receive remuneration lower than the minimum monthly remuneration provided for in a given year (e.g. in 2019 the remuneration amounts to PLN 2250 gross). The employer is also obliged to report the employee to the social insurance system.

According to the Labor Code, namely Article 38, an employer may not terminate the employment contract of an employee who is not more than 4 years old until reaching the retirement age.

Therefore, the question should be asked whether the same provisions should also be applied to a foreigner employed under an employment contract?

It turns out that it does not.

In this situation, the provisions obliging the legal employment of a foreigner dominate over the provisions of Labor Code. If the period for which the foreigner has been granted the right to work (temporary residence and work permit) expires, it would be illegal to continue employing him/her (in accordance with the provisions of the Labor Code on Pension Protection). The superior law applicable to foreign workers is the Employment Promotion and Labor Market Institutions Act, which does not take into account the age before retirement of foreigners.

In view of the above, it should be noted with sadness that a foreigner in Poland does not benefit from pre-retirement protection and that the employer may terminate the employment contract with him/her despite the fact that the foreigner is of the age which should protect him/her against termination of the employment contract.

It should be noted here that the employment contract with a foreigner is, as a rule, concluded for a definite period of time and lasts until the end of the period for which the work permit was issued. After the end of the period in which the foreigner is legally staying in Poland, the foreigner must leave the country and the employ of the foreigner cannot be continued.

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