POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński
The aim of the draft is to popularise collective agree - ments among employers and employees.
As regards employers that employ at least 20 employ - ees, a dismissal is considered a so-called collective dismissal if, within a period not exceeding 30 days, the dismissal covers: • 10 employees, where the employer employs fewer than 100 employees; • 10% of employees, if the employer employs at least 100 but fewer than 300 employees; or • 30 employees, if the employer employs at least 300 or more employees. In such cases, the employer should inform the trade unions operating at the company, as well as the local employment office, of its intention to carry out such redundancies. The employer should then consult with the trade unions on the redundancies, or, in the absence of trade unions, with employee representa - tives selected in accordance with the procedure adopted by the employer. The employer should con - clude an agreement with the trade unions regulating the detailed rules for collective redundancies. In the absence of an agreement with the trade unions, as well as in the case of employers where there are no trade unions, regulations on collective redundancies should be issued. In the event of collective redundancies, employees are entitled to additional severance pay amounting to between one and three months’ salary, depending on their length of service with the employer. 7.2 Notice Periods Types of Notice Periods The provisions of the Labour Code provide for differ - ent notice periods depending on the type of employ - ment contract or the employee’s length of service with the employer. In the case of a probationary contract, the notice period is: • three working days, if the trial period does not exceed two weeks; • one week, if the probationary period is longer than two weeks; and • two weeks, if the probationary period is three months.
7. Termination 7.1 Grounds for Termination The Obligation to Specify the Reason for Termination of the Contract
The regulations require the employer to specify the reason for termination by notice of a fixed-term employment contract and an indefinite-term contract, as well as the reason for termination of an employment contract without notice. The employer should indicate the reason for dismissal to the employee in writing. The dismissal should be justified at the time of sub - mitting a statement of termination to the employee. Only in the case of a probationary contract may the employer terminate such a contract without indicating the reason in the notice of termination. However, the reasons justifying the termination notice or termination without notice of any employment con - tract, including a probationary contract, cannot be (for example): • the employee’s request to change the type of employment contract (this request does not apply to probationary contracts); • the employee’s simultaneous employment with another employer; • the employee’s request for information about the terms and conditions of employment; and • the exercise of rights related to participation in mandatory training. If the employee believes that the reason for terminat - ing the probationary contract was one of the reasons indicated in the last three points above, they may sub - mit a request to the employer to indicate the reason for terminating the contract. Dismissal for Reasons Not Related to the Employee The reasons for terminating an employment contract can be divided into those related to the employee and those not related to the employee.
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