Under Article 17 of the Labor Code, employers are obligated to support employees' professional development. This means creating conditions conducive to professional development, although it does not impose an obligation to organize training.
Obligation to improve qualifications
The obligation to improve qualifications applies particularly to juvenile employees, for whom employers are obligated to send them to school or provide other forms of education. In some sectors, such as public administration, the obligation to improve qualifications is professional in nature and stems from the need to ensure the proper performance of public duties.
The concept of improving professional qualifications
Improving professional qualifications refers to acquiring or supplementing knowledge and skills necessary to perform current or future work. Pursuant to Article 103¹ § 1 of the Labor Code, these are actions undertaken by an employee, with the consent or initiative of the employer, aimed at acquiring the qualifications required to perform a specific type of work or position.
According to established case law, the obligation to facilitate the improvement of qualifications (Article 94, point 6 of the Labour Code) does not mean that an employee may request that the employer organize specific training (e.g. computer training) – as indicated by the Supreme Court in its judgment of 25 May 2000 (ref. no. I PKN 657/99).
Training contract
If the process of improving professional qualifications is undertaken with the employer's consent or initiative, the parties may enter into a so-called training agreement. This document regulates the mutual rights and obligations related to training. An employee who has initiated training on their own initiative may, during the training period, request the employer's consent to continue training as part of their professional development.
It's worth emphasizing that an employer is not obligated to enter into a training agreement if they do not intend to oblige the employee to remain employed after completing their studies. Importantly, if the employee repeats a semester or year due to unsatisfactory results, the employer may refuse further support.
Rights of an employee improving their qualifications
An employee who improves their professional qualifications may benefit from a number of entitlements, such as training leave, leave from all or part of the working day in order to participate in classes.
Employees are entitled to remuneration for vacation periods or days when they are free from work. Additionally, employers may provide additional benefits, such as coverage of educational costs, travel reimbursement, textbooks, and accommodation.
If receiving such benefits, the employee may be obligated to remain in employment for a specified period – the so-called "work-off" obligation. Pursuant to Article 103⁵, point 2 of the Labor Code, this period cannot exceed three years and begins only after the completion of the training process. The training agreement cannot contain provisions that are less favorable than those provided for in the Labor Code.
Amount of training leave
The length of training leave is strictly defined by the regulations:
6 days – for employees taking extramural exams, the Matura exam, or an exam confirming professional qualifications,
21 days – for employees in their final year of studies to prepare a thesis and take the diploma exam.
Summary
It follows from the above that, although employers do not have an absolute obligation to organize training, they are obligated to support employees' professional development, including by enabling them to participate in training. Providing days off or concluding a training agreement are among the tools used to fulfill this obligation.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of July 17, 2025.
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