Disciplinary Action at Work in Poland — Warning and Reprimand for Temp Workers

Can your employer punish you for being late, absent, or violating workplace rules? Yes — Poland has a formal system of disciplinary penalties under the Labour Code. As a temporary worker, you have exactly the same rights as all other employees. Here is what you need to know about warnings, reprimands, and how to appeal.

What Is a Disciplinary Penalty?

A disciplinary penalty (kara porządkowa) is a formal sanction an employer may impose for breaching work duties. The legal basis is Art. 108–113 of the Polish Labour Code (Kodeks pracy).

Types of disciplinary penalties:

• Warning (upomnienie) — a milder form, typically for a first offence
• Reprimand (nagana) — a more serious form, for repeated or more serious breaches

For breaches related to health and safety or property protection, employers may also impose a financial penalty under Art. 108 § 2 LC — this is a separate category that applies in specific circumstances.

What Can You Be Disciplined For?

Under Art. 108 of the Labour Code, an employer may impose a disciplinary penalty for:

• Violating working time rules — lateness, leaving your post without permission
• Breaching workplace regulations — violating internal rules of the workplace
• Breaching health and safety or fire safety regulations — not wearing a hard hat, smoking in prohibited areas
• Inappropriate behaviour — aggression towards colleagues, drinking alcohol at work
• Unjustified absence — failing to notify the employer of illness or absence

What Employers Cannot Do

An employer cannot impose a disciplinary penalty for:

• Unintentional mistakes caused by a genuine language barrier
• Exercising legitimate employee rights (e.g. filing a complaint with the Labour Inspectorate, refusing an unlawful order)
• Participating in a lawful strike

The Procedure — Your Rights

Employers must follow a strict procedure. If they fail to do so, the penalty is void.

1. Time Limits (Art. 109 § 1 LC)

A penalty can only be imposed:

• No later than 2 weeks after the employer learned of the breach, AND
• No later than 3 months after the breach occurred

If either deadline has passed, the penalty is unenforceable.

2. Right to Be Heard (Art. 109 § 2 LC)

Before imposing a penalty, the employer must hear the employee's version of events. You have the right to explain what happened. Skipping this step makes the penalty procedurally defective.

3. Written Notice (Art. 110 LC)

The employer must give you a written notice specifying:

• The type and date of the breach
• Information about your right to object

An oral penalty is illegal — it must always be in writing.

How to Appeal a Disciplinary Penalty

You have 7 days from receiving the notice to file an objection (sprzeciw) with the employer (Art. 112 LC).

The employer has 14 days to respond. If they do not reply, the objection is deemed rejected.

If your objection is rejected, you have 14 days to take the case to the Labour Court (Sąd Pracy) to have the penalty overturned.

How Long Does It Stay on Your Record?

After 1 year of clean conduct, the disciplinary penalty is automatically removed from your personnel file (Art. 113 LC). The employer may also remove it earlier if they consider it justified.

Temp Workers — Your Special Situation

As a temp worker, your formal employer is the staffing agency (Nexflow), not the client company where you work day to day. This means:

• The client company can report a breach to the agency
• The agency conducts the disciplinary procedure and imposes any penalty
• You have the same objection and appeal rights as a direct employee

If you receive any form of disciplinary notice, contact your Nexflow coordinator immediately.

Practical Tips

• Always ask for written documentation — never accept an oral penalty
• Keep copies of all documents — correspondence with the employer and agency
• File your objection within 7 days — the deadline is strict and cannot be extended
• Contact PIP (National Labour Inspectorate) if the procedure was irregular
• Language barrier is not your fault — if you did not understand an instruction due to language, state this clearly in your objection

Summary

Working through Nexflow in Poland, you have full protection under Polish labour law. If you receive a disciplinary notice and need help with your objection, contact your Nexflow coordinator — we are here to support you.

Nexflow — your partner in work and life in Poland.