Comprehensive guide covering all legal procedures for terminating employment contracts in Poland, including mutual agreements, notice periods, and disciplinary actions.
Termination Principles
According to the Labor Code, an employment contract can be terminated in several ways. Pursuant to Art. 30 of the Labor Code, an employment contract is terminated under specific conditions.
Since there are different reasons and methods to terminate an employment contract, there are also different conditions that the employer and employee must meet when ending the employment relationship.
Step-by-Step Termination Process
Several factors influence how to terminate an employment contract, including the type of contract and reasons for ending the employment relationship, and most importantly the method of termination. Below you will find step-by-step instructions for each method.
Mutual Agreement Termination
Termination by mutual agreement between the employee and employer is optimal and at the same time the most amicable way. Conditions that must be met include mutual consent and proper documentation.
This type of termination can apply to any contract, whether it is a trial period, indefinite term, or fixed term contract. The legislator has not limited the moment in which the parties can jointly decide to end the cooperation.
Termination by Notice
Termination by notice is the result of a unilateral declaration of intent to end the employment relationship made by the employee or employer. Key factors include proper notice periods and written documentation.
You can terminate an employment contract with notice regardless of the type of contract or when the termination occurs. Several factors influence how long the notice period will be, including the type of contract and length of service.
Termination Without Notice
An employment contract can also be terminated without notice in specific circumstances. This includes disciplinary termination by the employer, termination without employee fault, or employee-initiated termination under legally specified conditions.
Before terminating a contract due to employee fault, the employer must obtain the opinion of a trade union organization representing the employee. The employer is obliged to notify the employee in writing of its decision, indicating the reason for termination.
Automatic Termination
A contract may also be terminated without the initiative of the parties when it was concluded for a fixed term and that time has expired. In such a case, there is no need to prepare any document confirming the termination, signing or stating the reasons for the termination.
The employer is only obliged to deregister the employee from social security and issue them with a certificate of employment.
