Crèches and kids’ clubs (and day-care providers and nannies providing individual care) form a separate system of care for children aged up to 3 years, which is not linked to the education system (see also childcare settings in Chapter 4). The education system comprises the school education system and the higher education system. The school education system includes nursery schools and alternative preschool education settings for children aged 3 to 6/7 years, schools for children and young people, schools for adults, stage II sectoral vocational schools and post-secondary schools, and specific types of other educational institutions. Outside the education system, adult education is provided by various entities as part of economic activity or labour-market training activity.
Care system for children aged up to 3 years
A childcare institution employs the director (for a crèche) or the head (for a kids’ club; the head is referred to in the legislation as “the person managing a kids’ club”), one or more childminders, and a nurse or midwife in a crèche where the number of children is higher than specified in the legislation. Staff in both types of institutions may also be assisted by volunteers.
The director of a crèche is required to have a secondary or higher education qualification and experience of working with children as specified in the legislation. The head of a kids’ club has the qualifications required of the director of a crèche or a childminder in a crèche or kids’ club. The legislation sets out in detail various options of qualification requirements for a childminder, combining a secondary or higher education qualification in a specific field, experience in childcare and / or additional training courses related to childcare or child development.
A nurse or midwife holds a qualification required to practise this profession.
Volunteers are required to complete a training course in first aid for children.
All staff in a crèche or kids’ club must also meet additional formal or legal requirements (for example, no criminal record; guarantee of proper childcare).
The legislation sets out the tasks of crèches and kids clubs, which include childcare and educational activities, but does not lay down conditions of service or specific responsibilities of the director of a crèche or the head of a kids’ club. Such matters are addressed in the statutes of an institution, adopted by the entity administering a given crèche or kids’ club, and / or its organisational regulations, adopted by the director of a crèche or the head of a kids’ club.
For information about childminders in crèches and kids’ clubs (and day-care providers and nannies), see Chapter 4 ‘Early Childhood Education and Care’.
Education system and adult education outside the education system
Different approaches to management, monitoring and guidance staff are in place in the school education and higher education systems. Overall, the arrangements for the school education system are laid down in the legislation in much greater detail than for the higher education system. Entities providing adult education outside the education system should only comply with the generally applicable labour law and regulations and, additionally, meet specific requirements, including a general requirement to employ qualified staff, in case they apply on a voluntary basis for accreditation to the Head of the Regional Education Authorities (see Chapter 11.3 ‘Quality Assurance in Adult Education’).
As regards qualification requirements and responsibilities:
- The school education legislation specifies detailed requirements and main responsibilities for management, monitoring, guidance and counselling and other staff.
- The higher education legislation lays down only general requirements for management staff, whereas higher education institutions (HEIs) set their own qualification requirements for monitoring, career guidance and other staff. However, for counselling or psychological support staff, HEIs follow national regulations on professional psychologist practice and psychotherapy. Monitoring, guidance, counselling and other non-academic staff are employed in accordance with the generally applicable labour law regulations and internal regulations of HEIs. The legislation sets out the main responsibilities of the rector of an HEI, but responsibilities of other staff are defined autonomously by each HEI.
- Staff employed in adult education institutions which are part of the school education system are covered by the legislation applicable to staff working in nursery schools, schools for children and young people and other institutions within the school education system. No specific national regulations are in place for adult education providers outside the school education system. Such entities recruit and employ their management and other staff based on the generally applicable labour law regulations and their internal regulations.
Management staff
- The school education legislation specifies qualification requirements for this category of staff in public institutions, while giving full autonomy to non-public institutions in staffing matters. General qualification requirements set by the higher education legislation apply to rectors of both public and non-public HEIs, but additional requirements, which refer to academic qualifications and the age limit, are in place for the rector of a public HEI.
- The position of head of a public institution (a nursery school, school or another institution, including an adult education institution) within the school education system can be taken by a teacher or a person who does not hold a teaching qualification. Appointment requirements for both the head of a public institution in the school education system and the rector of a public or non-public HEI include, among others, a higher education qualification – and, additionally, at least a doctoral degree for the rector of a public HEI – and formal and legal conditions (for example, full legal capacity; full public rights; no criminal record). In addition to the requirements specific to school education, a candidate for the head of a public institution in the school education system is required to hold a formal qualification in management. The rector of an HEI is responsible for institutional management, but the statutory requirements do not include a formal qualification or experience in management. HEIs may lay down additional requirements in their internal regulations.
Monitoring staff
- The head of an institution (or a teacher holding a management position if the head is not a teacher) has a key role in internal quality assurance in the school education system (including schools and other institutions providing adult education). The head is responsible for so-called internal pedagogical supervision, which includes inspections or audits and activities supporting staff of the institution. The responsibilities and powers of the head in this area are regulated in detail by the legislation. The legislation also specifies qualification requirements for, and responsibilities of, inspectors in the Regional Education Authorities responsible for external pedagogical supervision, which, like internal pedagogical supervision, includes inspections and activities supporting institutions within the school education system. Inspectors should have a higher education qualification and a relevant professional promotion grade awarded to teachers, and a formal qualification in administration or management or work experience in the school education system.
- External quality assurance in higher education is the responsibility of the Polish Accreditation Committee; see Chapter 11.2 ‘Quality Assurance in Higher Education’. HEIs have extensive autonomy in designing their internal quality assurance approaches. The legislation lays down only some general requirements related to the quality of degree programmes and the powers and responsibilities of the rector of an HEI with regard to teacher performance appraisal. As part of their autonomy, HEIs adopt various organisational arrangements. For example, they appoint individuals or establish committees and / or units for quality assurance. Such bodies or units usually consist of academic and administrative staff, students and doctoral students, and most of those working in quality assurance units on a regular basis are administrative staff. Qualification requirements for members of such bodies and staff in such units and their responsibilities are laid down by each HEI in its internal regulations.
For details about quality assurance, see Chapter 11, Quality Assurance.
Guidance staff
- Nursery schools, schools and other institutions in the school education system employ teachers-pedagogues (or teachers-educationalists), special education pedagogues (or special education counsellors), psychologists, educational therapists, speech therapists, careers advisers, and teachers-methodological advisers and teachers-consultants. Staff holding these positions are classified in the legislation as teachers, and qualification requirements and responsibilities for all these groups of specialists are laid down in detail in the legislation. All should have a higher education qualification and a teaching qualification.
- Pedagogues (or educationalists), psychologists, speech therapists and careers advisers also work in counselling and guidance centres which conduct diagnostic assessments for children and young people, provide counselling and guidance, and support institutions of the school education system in their childcare and educational tasks. For details about counselling and guidance centres, see Chapter 12 ‘Educational support and guidance’.
- There are no specific national regulations on psychological counselling or career guidance staff in higher education. In accordance with the generally applicable legislation on professional psychologist practice and psychotherapy, specialists providing counselling services in the higher education sector hold a Master’s or equivalent degree in tie field or specialisation area of Psychology and a qualification in psychotherapy. Qualification requirements for career guidance staff and responsibilities of psychological counselling and career guidance staff are laid down by HEIs in their internal regulations.
Other staff
- Institutions within the school education system employ teacher assistants, Roma education assistants and teachers-librarians, and healthcare services in schools are provided by school nurses or school hygienists and dental practitioners. The legislation on school education or healthcare specifies qualification requirements for, and responsibilities of, these groups of staff.
- The higher education legislation makes a distinction between two staff categories, academic staff (see Chapter 9) and non-academic staff, but does not specify groups, positions, qualification requirements or responsibilities for non-academic staff. Such matters are internally regulated by HEIs.
Legislation
NB.: In 2021-2023, the Ministry of National Education and the Ministry of Science and Higher Education operated as a joint Ministry of Education and Science. Since 1 January 2024 the two separate ministries have been reinstated which is reflected in the regulations presented below.
General legislation
- Act of 26 June 1974, The Labour Code (as subsequently amended) (Ustawa z dnia 26 czerwca 1974 r., Kodeks Pracy (z późn. zm.)). The Act specifies rights and duties of employees, as part of the employment relationship, which are not regulated by specific legislation. The Code applies, for example, to non-teaching heads of public nursery schools, schools and other public institutions, heads of non-public nursery schools, schools and other non-public institutions, and non-academic staff employed in HEIs.
- Act of 10 October 2002 on the Minimum Wage (as subsequently amended) (Ustawa z dnia 10 października 2002 r. o minimalnym wynagrodzeniu (z późn. zm.)). The Act sets, among other things, an annually inflation-indexed minimum monthly salary for employees.
- Act of 17 December 1998 on Retirement Pensions and Disability Pensions from the Social Security Fund (as subsequently amended) (Ustawa z dnia 17 grudnia 1998 r. o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych (z późn. zm.)): The Act specifies the state pension age and pension benefits.
- Act of 8 June 2001 on the Profession of Psychologist and the Professional Self-Government of Psychologists (as subsequently amended) (Ustawa z dnia 8 czerwca 2001 r. o zawodzie psychologa i samorządzie zawodowym psychologów (z późn. zm.)); Regulation of the Minister of Health of 19 June 2019 on state-guaranteed mental health and addiction treatment services (as subsequently amended) (Rozporządzenie Ministra Zdrowia z dnia 19 czerwca 2019 r. w sprawie świadczeń gwarantowanych z zakresu opieki psychiatrycznej i leczenia uzależnień (z późn. zm.)). The acts lay down qualification requirements for psychologists and psychotherapists.
- Act of 15 July 2011 on the Professions of Nurse and Midwife (as subsequently amended) (Ustawa z dnia 15 lipca 2011 r. o zawodach pielęgniarki i położnej (z późn. zm.). The Act specifies, among other things, the qualifications requirements for practising these two professions.
- Act of 12 March 2022 on the Assistance for Citizens of Ukraine in connection with the armed conflict on its territory (as subsequently amended) (Ustawa z dnia 12 marca 2022 r. o pomocy obywatelom Ukrainy w związku z konfliktem zbrojnym na terytorium tego państwa (z późn. zm.)): The Act provides the basis for nursery schools and schools to employ, in the position of teacher assistant, staff assisting pupils from Ukraine who have no or insufficient knowledge of the Polish language to participate in education.
Legislation on the care for children aged up to 3 years, preschool and school education, and adult education within the school education system
- Act of 4 February 2011 on the Care for Children aged up to 3 years (as subsequently amended) (Ustawa z dnia 4 lutego 2011 r. o opiece nad dziećmi w wieku do lat 3 (z późn zm.)). The Act lays down, among other things, the rules for the establishment and administration of crèches and kids’ clubs, tasks of such institutions and qualification requirements for the director of a crèche and the head of a kids’ club.
- Act of 14 December 2016, The Law on School Education (as subsequently amended) (Ustawa z dnia 14 grudnia 2016 r. – Prawo Oświatowe (z późn. zm.)). The key legislative act for the school education system, which specifies the responsibilities of heads of nursery schools, schools and other institutions, and forms of pedagogical supervision, incl. inspections.
- Act of 26 January 1982, The Teachers’ Charter (as subsequently amended) (Ustawa z dnia 26 stycznia 1982 r. - Karta Nauczyciela (z późn. zm.)). The key legislative act for teachers, incl. teaching heads, which lays down: conditions of service for teaching heads of public nursery schools, schools and other institutions in the school education system; their responsibilities with regard to teaching, educational and care-related activities; and general performance appraisal arrangements for teaching heads.
- Act of 22 May 2009 on Teachers’ Compensation Allowances (as subsequently amended) (Ustawa z dnia 22 maja 2009 r. o nauczycielskich świadczeniach kompensacyjnych (z późn. zm.). The Act grants special pension benefits to teachers.
- Civil Service Act of 21 November 2008 (as subsequently amended) (Ustawa z dnia 21 listopada 2008 r. o służbie cywilnej (z późn. zm.)). The Act lays down conditions of service for, among others, staff in the Regional Education Authorities responsible for external quality assurance of nursery schools, schools and other institutions in the school education system.
- Act of 21 November 2008 on Local Government Employees (as subsequently amended) (Ustawa z dnia 21 listopada 2008 r. o pracownikach samorządowych (z późn. zm.)). The Act lays down conditions of service for non-teaching heads in public nursery schools, schools and other institutions which are administered by local government units.
- Act of 12 April 2019 on Healthcare Services for Pupils (Ustawa z dnia 12 kwietnia 2019 r. o opiece zdrowotnej nad uczniami). The Act specifies qualification requirements and responsibilities for staff providing healthcare services in schools.
- Regulation of the Prime Minister of 29 January 2016 on positions, qualification requirements and professional promotion grades for civil servants, salary indexes and detailed rules for calculating and granting other benefits available to members of the civil service corps (as subsequently amended) (Rozporządzenie Prezesa Rady Ministrów z dnia 29 stycznia 2016 r. w sprawie określenia stanowisk urzędniczych, wymaganych kwalifikacji zawodowych, stopni służbowych urzędników służby cywilnej, mnożników do ustalania wynagrodzenia oraz szczegółowych zasad ustalania i wypłacania innych świadczeń przysługujących członkom korpusu służby cywilnej (z póżn. zm.)). The Regulation specifies, among other things, positions and remuneration arrangements for staff in the Regional Education Authorities responsible for external quality assurance of nursery schools, schools and other institutions.
- Regulation of the Minister of National Education of 29 December 1998 on the organisational structure of the Regional Education Authorities and the establishment of their branches (as subsequently amended) (Rozporządzenie Ministra Edukacji Narodowej z dnia 29 grudnia 1998 r. w sprawie organizacji kuratoriów oświaty i tworzenia ich delegatur (z późn, zm.)). The Regulation specifies, among other things, positions in the Regional Education Authorities which require a teaching qualification, incl. inspectors responsible for external quality assurance of nursery schools, schools and other institutions in the school education system.
- Regulation of the Council of Ministers of 21 October 2021 on the remuneration of local government employees (Rozporządzenie Rady Ministrów z dnia 21 października 2021 r. w sprawie wynagradzania pracowników samorządowych). The Regulation lays down detailed remuneration arrangements for, among others, non-teaching heads of public nursery schools, schools and other public institutions which are administered by local government units.
- Regulation of the Minister of National Education and Sport of 31 January 2005 on the minimum rates of the basic pay for teachers, other work-related benefits and allowances and pay for work on days free of duty (as subsequently amended) (Rozporządzenie Ministra Edukacji Narodowej i Sportu z dnia 31 stycznia 2005 r. w sprawie wysokości minimalnych stawek wynagrodzenia zasadniczego nauczycieli, ogólnych warunków przyznawania dodatków do wynagrodzenia zasadniczego oraz wynagradzania za pracę w dniu wolnym od pracy) (z późn. zm.)). The Regulation, updated annually, sets salary rates for teachers, incl. teaching heads.
- Regulation of the Minister of National Education of 25 August 2017 on the pedagogical supervision (as subsequently amended) (Rozporządzenie Ministra Edukacji Narodowej z dnia 25 sierpnia 2017 r. w sprawie nadzoru pedagogicznego (z późn zm.)). The Regulation lays down arrangements for external quality assurance, including the qualifications and responsibilities of inspectors at the Regional Education Authorities, and for internal quality assurance, including the related responsibilities of heads of nursery schools, schools and other institutions in the school education system.
- Regulation of the Minister of National Education of 11 August 2017 on the requirements for the position of head and other management positions in public nursery schools, primary and post-primary schools and other public educational institutions (as subsequently amended) (Rozporządzenie Ministra Edukacji Narodowej z dnia 11 sierpnia 2017 r. w sprawie wymagań, jakim powinna odpowiadać osoba zajmująca stanowisko dyrektora oraz inne stanowisko kierownicze w publicznym przedszkolu, publicznej szkole podstawowej, publicznej szkole ponadpodstawowej oraz publicznej placówce (z późn. zm.). The Regulation lays down detailed qualification requirements for heads.
- Regulation of the Minister of National Education of 11 August 2017 on the rules for a competition for the position of head of a public nursery school, primary school, post-primary school or another public educational institution, and the rules of procedure for a competition committee (as subsequently amended) (Rozporządzenie Ministra Edukacji Narodowej z dnia 11 sierpnia 2017 r. w sprawie regulaminu konkursu na stanowisko dyrektora publicznego przedszkola, publicznej szkoły podstawowej, publicznej szkoły ponadpodstawowej lub publicznej placówki oraz trybu pracy komisji konkursowej(z późn. zm.)). The Regulation lays down a detailed procedure for competitions for the position of head.
- Regulation of the Minister of National Education of 1 August 2017 on the detailed qualification requirements for teachers (as subsequently amended) (Rozporządzenie Ministra Edukacji Narodowej z dnia 1 sierpnia 2017 r. w sprawie szczegółowych kwalifikacji wymaganych od nauczycieli (z późn. zm.). The Regulation lays down qualification requirements for teachers, including teachers holding management positions, and teachers-pedagogues, psychologists, speech therapists, educational therapists and careers advisers.
- Regulation of the Minister of Education and Science of 25 August 2022 on the performance appraisal of teachers (Rozporządzenie Ministra Edukacji i Nauki z dnia 25 sierpnia 2022 w sprawie oceny nauczycieli) lays down, among other things, detailed arrangements and criteria for performance appraisal of heads of nursery schools, schools and other educational institutions in the school education system.
- Regulation of the Minister of National Education of 9 August 2017 on the rules for the provision and organisation of psychological and educational support in public nursery schools and schools and other public educational institutions (as subsequently amended) (Rozporządzenie Ministra Edukacji Narodowej z dnia 9 sierpnia 2017 r. w sprawie zasad udzielania i organizacji pomocy psychologiczno-pedagogicznej w publicznych przedszkolach, szkołach i placówkach (z późn. zm.)). The Regulation specifies, among other things, the responsibilities of counselling and guidance specialists in nursery schools, schools and other institutions in the school education system: pedagogues, special education pedagogues, psychologists, speech therapists, educational therapists and careers advisers.
- Regulation of the Minister of National Education of 9 August 2017 on the conditions for education and care provided to children and young people with disabilities, socially maladjusted pupils and pupils at risk of social maladjustment (as subsequently amended) (Rozporządzenie Ministra Edukacji Narodowej z dnia 9 sierpnia 2017 r. w sprawie warunków organizowania kształcenia, wychowania i opieki dla dzieci i młodzieży niepełnosprawnych, niedostosowanych społecznie i zagrożonych niedostosowaniem społecznym (z późn. zm.)). The Regulation specifies, among other things, the responsibilities of the head of a nursery school, school or other institution in the areas covered by the regulation and the rules for the employment of support teachers and teacher assistants.
- Regulation of the Minister of National Education of 28 May 2018 on in-service teacher training institutions (as subsequently amended) (Rozporządzenie Ministra Edukacji Narodowej z dnia 28 maja 2019 r. w sprawie placówek doskonalenia nauczycieli (z późn.zm.)). The Regulation lays down, among other things, qualification requirements and conditions of service for teachers-methodological advisers and teachers-consultants, and their responsibilities.
Legislation on higher education
- Act of 20 July 2018, The Law on Higher Education and Science (as subsequently amended) (Ustawa z dnia 20 lipca 2018 r. – Prawo o szkolnictwie wyższym i nauce (z późn. zm.)). The key legislative act for higher education which specifies, among other things, general appointment requirements, employment conditions and the powers and responsibilities of the rector of an HEI, and general requirements for staff holding management positions in an HEI.