European Restructuring Monitor (ERM)
Eurofound's ERM database on restructuring-related legal regulations provides information on regulations in the Member States of the European Union and Norway which are explicitly or implicitly linked to anticipating and managing change.
Art. 17 of Labour Code; Articles 103¹–103⁶ of the Labour Code
Employers are not legally required to provide formal skill development plans or training programmes for employees. However, they are obligated to facilitate the improvement of employees' professional qualifications. According to Article 17 of the Polish Labour Code, employers must assist employees in enhancing their professional qualifications. This obligation is general and does not mandate specific development plans.
However, articles 103¹–103⁶ of the Labour Code provide more details regarding the development of professional qualifications, which refer to acquiring or supplementing knowledge and skills either at the employer’s initiative or with the employer’s consent. Under the articles, employees are entitled to training leave and partial exemption from work during class hours. During this time, the employee retains the right to remuneration. Specifically, employees are entitled to: * 6 days of leave for external, secondary school, and vocational examinations; * 21 days in the final year of higher education studies for the preparation of a thesis and final examination.
The employer may grant additional benefits to employees undertaking professional development, particularly covering costs related to education, travel, textbooks, and accommodation.
A written agreement is concluded between the employer and the employee, specifying mutual rights and obligations. This agreement must not be less favourable than the provisions of the Labour Code (Art. 103). An agreement is not required if the employer does not require the employee to remain employed after completing the education.
The employees are obliged to reimburse costs if they fail to commence education without justification, are dismissed for disciplinary reasons, or terminate the employment contract themselves (except in certain circumstances).
If an employee undertakes training outside the conditions described above, they may be granted unpaid leave or time off work without remuneration, under terms defined by the employer.
The legislator has not clarified how Article 17 should be understood, as the provision is formulated in very general terms. The only clear implication of this provision is that the enhancement of qualifications by an employee cannot depend solely on the employer’s goodwill, as it constitutes a legal obligation. A significant issue also arises from the term “facilitate”. Based on practical experience, it may be interpreted as requiring the employer to organise work in a manner that genuinely enables the employee to pursue professional development.
The rules for implementing this obligation are governed by the Regulation of the Minister of National Education and the Minister of Labour and Social Policy of 12 October 1993 on the principles and conditions for improving the professional qualifications and general education of adults (rozporządzenie Ministra Edukacji Narodowej oraz Ministra Pracy i Polityki Socjalnej z dnia 12 października 1993 r. w sprawie zasad i warunków podnoszenia kwalifikacji zawodowych i wykształcenia ogólnego dorosłych). This regulation does not refer to Article 17, but rather to Article 103 (discussed in the “Description”).
Eurofound (2025), Poland: Employers obligation to provide skill development plans or training, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/employers-obligation-to-provide-skill-development-plans-or-training/poland
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