Termination of Employment Contract in Poland – what you can do

Termination of Employment Contract in Poland – Employee Rights Under Polish Law

Termination of an employment contract in Poland is strictly regulated by the Polish Labour Code (Kodeks pracy). For foreign employees, understanding the legal framework and available remedies is essential to protect their rights effectively.

Legal Forms of Termination

Under Article 30 of the Labour Code, an employment contract may be terminated:

1. By mutual agreement of the parties – The contract is dissolved by consent of both employer and employee at any chosen time.
2. By notice given by one of the parties – Termination occurs after a statutory notice period.
3. Without notice – Termination with immediate effect, occurring only in specific circumstances defined by law (e.g., serious breach of employee duties).
4. Upon expiry of the term – Applies to fixed-term contracts.

Statutory Notice Periods

The length of the notice period depends on the total duration of employment with the given employer:

• 2 weeks – if employed for less than 6 months.
• 1 month – if employed for at least 6 months.
• 3 months – if employed for at least 3 years.

Note: 1-month and 3-month notice periods always end on the last day of the calendar month.

Formal Requirements for Employers

To be legally valid, a termination notice issued by the employer must:

• Be made in writing.
• State a specific and true reason for the termination (applies to both indefinite and fixed-term contracts).
• Include information about the employee’s right to appeal to a Labour Court.
• Be delivered in a way that allows the employee to read its content.

Failure to comply with these requirements may render the termination unlawful and provide grounds for a legal claim (it depends on the failure).

The 21-Day Deadline for Appeals

This is the most critical rule under Polish law. An employee has exactly 21 calendar days to file a claim to the Labour Court.  Missing this deadline usually results in the loss of the right to challenge the termination.

Employee Rights and Remedies

In the event of an unlawful or unjustified termination, an employee may seek:

1. Compensation: Usually between 2 weeks’ and 3 months’ salary or
2. Reinstatement: Returning to the previous position under the same conditions

FAQ: Frequently Asked Questions

1. Can I get paid days off to look for a new job?

Yes. If your employer terminates your contract with at least a 2-week notice period, you are entitled to 2 or 3 paid working days specifically for job seeking.

2. Does losing my job affect my Residence Permit (Karta Pobytu)?

Yes. You must notify the Voivodeship Office (Urząd Wojewódzki) within 15 days of your job ending. You then have 30 days to find a new employer to keep your stay legal.

3. What happens to my unused vacation days?

If you have remaining leave, the employer must either send you on vacation during your notice period or pay you a cash equivalent (ekwiwalent) on your final day of work.

4. Should I sign a Mutual Agreement (Porozumienie stron)?

Be careful. Signing this usually means you waive your right to appeal in court and may delay your eligibility for unemployment benefits. It is recommended to consult a lawyer before signing.

Legal Assistance for Foreigners in Krakow

Our office provides professional legal support in English for foreigners in Poland regarding Labour Law, Criminal Law, and Family Law.

Contact us: 514993995

Legal Disclaimer: The information provided in this article is for general informational purposes only and does not constitute individualized legal advice. Readers should consult with a qualified legal professional regarding their specific legal situation.