POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński
7.3 Dismissal for (Serious) Cause Termination of the Contract Without Notice In exceptional cases, the employer has the right to terminate the employment contract without notice. In such a case, the employment relationship is termi - nated immediately – ie, on the day when the employer effectively submits a statement of termination to the employee. Termination of the employment contract without notice due to the employee’s fault may take place in the event of: • a serious breach by the employee of their basic employment obligations; • the employee committing a crime during the term of the employment contract which makes it impos - sible to continue employing them in their position, if the crime is obvious or has been established by a final judgment; and • the employee’s loss of the qualifications necessary to perform the work in their position. Termination of the contract without notice should take place within one month of the employer becoming aware of the circumstances justifying disciplinary ter - mination. Exceeding this deadline may result in the court awarding compensation to the employee or deciding to reinstate them to their job. The employer is required to notify the trade union rep - resenting the employee of the reason for the termina - tion. The organisation has three days to provide the employer with its opinion, which is not binding on the employer. Immediate termination of the contract may also occur in situations not attributable to the employee, such as long-term illness or other justified absence. 7.4 Termination Agreements Possibility to Conclude a Termination Agreement One of the permissible ways to terminate an employ - ment relationship is to conclude a termination agree - ment. The provisions of the Labour Code do not regulate this method of terminating an employment contract.
In the case of a fixed-term contract and an indefinite contract, the notice period depends on the employee’s length of service with the employer, and is as follows: • two weeks, if the employee has been employed for less than six months; • one month, if the employee has been employed for at least six months; and • three months, if the employee has been employed for at least three years. If the termination of a fixed-term or indefinite contract is due to the employer’s bankruptcy or liquidation, or for other reasons not related to the employees, the employer may shorten the three-month notice period to a maximum of one month. Obligation to Consult on the Termination of the Contract When the termination of a fixed-term or indefinite con - tract concerns an employee represented by a trade union, the employer is obliged to notify the trade union in writing of the reason for the termination of the con - tract. The trade union may submit its opinion within five days, but it is not binding on the employer. With regard to employees covered by special employ - ment protection (such as activists designated by a trade union resolution or employees who are munici - pal councillors), the employer should obtain the con - sent of the relevant entity or authority to terminate the contract with the employee. Termination of the contract despite the lack of consent may result in the labour court awarding compensation to the employee or reinstating them to their job. During the notice period, the employee retains all rights arising from the employment relationship. How - ever, the employer may release the employee from the obligation to perform work during the notice period, while retaining the right to remuneration. In addition to remuneration, an employee may be entitled to sever - ance pay if the dismissal is for reasons not related to the employee.
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