Polish labor laws allow employees to leave their jobs immediately in specific situations, potentially entitling them to compensation from their employer.
When Can an Employee Leave Without Notice?
An employee can terminate their employment contract immediately in only two strictly defined cases.
Immediate Termination Due to Employer’s Fault
In both cases, the employee has the right to end the cooperation with immediate effect, without observing the notice period. This means an employee can practically leave the company overnight if the statutory conditions are met.
Legal Basis
Article 55 § 1 of the Labor Code: An employee may terminate the employment contract without notice if a medical certificate is issued stating that the work performed is harmful to the employee’s health, and the employer does not transfer them within the period indicated in the medical certificate to other work appropriate to their health and professional qualifications.
Article 55 § 1[1] of the Labor Code: An employee may also terminate the employment contract in the manner specified in § 1 if the employer has committed a serious breach of their fundamental obligations towards the employee; in such a case, the employee is entitled to compensation equal to the remuneration for the notice period. In the case of a fixed-term employment contract, compensation is due for the time remaining until the contract was to expire, but not exceeding the notice period.
Medical Certificate and Immediate Termination
If a doctor issues a certificate indicating that continuing to perform duties is harmful to the employee’s health, and the employer does not provide a different, safe position within the specified time, the employee may leave immediately.
Employer’s Response to Medical Certificate
An employer adapting to the doctor’s recommendations can transfer the employee to another position. This position does not have to be identical in terms of scope of duties or remuneration.
The new position must be tailored to both the employee’s health and their qualifications to meet the requirements of the regulations.
What Constitutes a Serious Breach of Obligations by the Employer?
The second basis for immediate termination is a serious breach of obligations by the employer, including the following:
Examples of Serious Breaches by the Employer
What can be considered a serious breach of the employer’s obligations? Primarily:
Such actions may be grounds for immediate termination of the contract by the employee, potentially leading to severance pay.
Specific Situations Allowing Immediate Termination
Delayed or Non-Payment of Wages: If an employee regularly receives their salary late or not at all, and the employer does not change the situation despite reports, the employee may terminate the contract without notice and demand compensation.
Harmful Work for Health (Medical Opinion): If a warehouse employee has health problems, and an occupational medicine doctor issues a certificate stating that continuing to work in the current conditions is dangerous, and the employer does not offer another position, the employee may leave immediately.
Humiliation or Mobbing: If a supervisor publicly embarrasses an employee, uses offensive comments, or engages in mobbing, this situation may be considered a serious breach of obligations and grant the right to immediate termination.
Discrimination: If an employee is overlooked for promotions or treated worse due to gender, age, religion, or orientation, and the behavior is persistent, it may be grounds for leaving without notice.
Forcing Illegal Overtime or Night Work (e.g., during pregnancy): If an employer demands work in conditions contrary to regulations, such as requiring a pregnant woman to work at night or overtime, the employee has the right to terminate employment immediately.
Denial of Leave: If an employer consistently refuses to grant vacation leave despite the employee’s entitlement, this may be treated as a breach of obligations in extreme cases.
False Accusations of Crime: If an employer publicly or in front of other employees accuses an employee of theft or another crime without evidence, it may violate their dignity and justify immediate departure.
Right to Terminate Even During Notice Period
An employee can hand in a notice of termination with immediate effect even when the contract is already in the notice period, regardless of which party submitted it.
Submitting a Notice of Termination – How to Do It
To effectively terminate employment without notice, the employee must deliver a notice of termination to the employer, i.e., submit a written statement. It must state the reason for termination.
Note: Complex legal terminology is not required – a clear indication of the reason and method of termination is sufficient.
Deadline for Submitting a Notice
The employee has one month to submit a notice of termination with immediate effect. This time is calculated from the moment they learned of the employer’s breach of obligations. In case of dispute, the employee must prove they met the deadline. In practice, with repeated breaches (e.g., non-payment of salary), this time may be counted separately for each event.
Employee Compensation – How Much?
If the termination occurs due to the employer’s fault, the employee may demand compensation. The regulations specify its amount.
Generally, the employee can claim compensation from the employer in the amount of: remuneration for the notice period, or in the case of a fixed-term contract – remuneration for the remaining duration of the contract, but not exceeding the standard notice period.
Note: If the employer does not voluntarily pay the compensation, the employee may seek their claims in court.
It is worth noting that if the employee terminates the contract without a justified reason, the employer may claim compensation from them in the amount of the notice period, without the need to prove actual damage.
Summary
Immediate termination of the contract by an employee is a special institution of labor law, used in situations of serious threats or breaches by the employer. In certain cases, it provides not only the possibility of leaving overnight but also the right to compensation.
FAQ – Termination of Employment Contract with Immediate Effect
When can an employee leave work without notice? An employee can terminate the contract immediately if a doctor determines that the work is harmful to their health or when the employer seriously violates their obligations towards the employee.
Must the employee state a reason for leaving without notice? Yes, the written statement must indicate the reason for termination, but legal jargon is not necessary – a clear description of the situation is sufficient.
Can the employee receive compensation? Yes, if the termination occurs due to the employer’s fault, the employee may receive compensation equal to the remuneration for the notice period.
How much time does the employee have to submit such a statement? They have one month from the moment they learned of the employer’s breach of obligations.
Can one leave in immediate mode during the notice period? Yes, the employee can use the immediate mode even when the contract is already in the notice period.
What if the employer does not pay the compensation? The employee can seek their claims in a labor court.
