Polish employers cannot fire employees solely due to a mental health diagnosis, but there are three situations where dismissal may be legal in 2024.
Employee Protection Under Polish Labor Law
A work contract provides employees with the strongest protection, defining the rights and obligations of both parties. Signing a contract obligates the employee to perform specific work under supervision, at a designated location and time, while the employer must pay agreed-upon wages and ensure safe, hygienic working conditions.
How to Terminate a Contract Effectively: Article 30 of the Labor Code
Polish law specifies detailed rights and obligations for both employers and employees, aiming for balance and protection of interests. These regulations cover methods for terminating employment contracts, with several possibilities outlined in Article 30 of the Labor Code.
Important Considerations for Contract Termination
Any statement ending the employment relationship must be in writing. In labor court, a “he said, she said” scenario rarely favors the employer.
Dismissal Due to Depression? Expert Clarifies the Law
Amidst a growing mental health crisis, questions arise about whether an employee can be fired for depression or anxiety. This is a complex issue in Polish labor law, but the regulations are clear: a mental health condition alone cannot be grounds for dismissal.
Dismissal must be based on clear, objective reasons with genuine and specific justification. These principles apply even to employees with mental health issues. Milena Markiewicz-Jurzyńska, a legal counsel, emphasizes that the specific circumstances are crucial.
Costly Mistakes for Employers: Potential Financial Repercussions
Employers who dismiss an employee solely based on their diagnosis risk serious consequences in labor court. Employees may be entitled to compensation of up to three times their salary or reinstatement.
When Does Protection Cease? Three Legal Grounds for Dismissal
While a diagnosis generally isn’t grounds for termination, it doesn’t guarantee job security. An employee’s health can impact company operations.
Key Takeaway: The Limits of Employee Protection
A diagnosis alone isn’t sufficient for dismissal, but its real impact on job performance or company function can justify a decision. Each case must be assessed individually, based on objective, documented evidence.
Dismissal can be justified in cases of prolonged absence disrupting team work, if the employer cannot provide adequate replacements. Failure to follow instructions due to lack of concentration, supported by evidence, can also be grounds for dismissal. In extreme cases, a threat to the health and safety of the employee or others may also justify termination.
“Untouchable” on Sick Leave: A Golden Rule
Employers cannot terminate an employee on sick leave, except in cases of bankruptcy or liquidation. This protection lasts until the end of the sick pay period.
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