Replacement employment contract

Replacement employment contract – key information

A replacement employment contract is a specific type of fixed-term employment contract concluded to temporarily replace an employee who is absent for justified reasons.

Most often, this concerns absences related to maternity leave, parental leave, childcare leave or long-term sick leave.

This contract is regulated by the Labour Code, which means that a person employed as a replacement generally has the same rights as other full-time employees, including the right to annual leave, sick leave and ZUS benefits.

A replacement employment contract specifies, among other things, the parties to the contract, type of work, place of work, remuneration, working time, start date and duration of the contract – most often until the replaced employee returns.

Importantly, contracts concluded for replacement purposes are not subject to the standard limits of 33 months and a maximum of three fixed-term contracts. As a result, a replacement employment contract may last as long as the absence of the person being replaced.

Key features of a replacement employment contract

• form of a fixed-term employment contract concluded to replace an absent employee
• full application of the Labour Code, including holiday entitlement and employee protection within the applicable scope
• employment period included in the length of service, which affects, among other things, the amount of annual leave
• automatic expiry of the contract upon the return of the replaced employee or upon expiry of the agreed term
• no limits on the number and total duration of fixed-term contracts concluded for replacement purposes, meaning exclusion from the general limit of 33 months and three contracts

Employee rights under a replacement employment contract

An employee hired under a replacement employment contract has the right to remuneration corresponding to the type of work and qualifications, not lower than the minimum wage.

They are also entitled to annual leave in an amount proportional to their length of service and employment period.

They are also entitled to sick leave under the general rules and other rights provided for in the Labour Code.

The period of replacement employment is included in the length of service, which is relevant, among other things, when determining future annual leave and pension entitlements.

Due to the fixed-term nature of a replacement employment contract, the rules for terminating such a contract and the length of the notice period depend on its structure and the period for which it was concluded. As a rule, however, the employee benefits from the protection provided for fixed-term contracts.