Poland’s 2026 regulations on group layoffs establish new rules for employers, severance pay calculations, and employee seniority requirements.
Definition of Group Layoffs
Group layoffs refer to situations where an employer terminates employment contracts (including by mutual agreement) with a significant group of employees for reasons unrelated to their conduct. This typically occurs due to financial difficulties, changes in production profile, reduction in employment due to automation, or similar situations where the reason for termination is not related to the employee’s behavior.
Minimum Requirements for Group Layoffs
To be classified as group layoffs, an employer must terminate at least 10 employees within a 30-day period, or at least 10% of the workforce if employing between 10-99 employees, or at least 30 employees if employing 100 or more workers. These figures include employees who have reached agreements with the employer to terminate their employment, provided the employer initiated the process and it affects at least 5 employees.
Applicability of Regulations
Group layoffs regulations are outlined in the Act of March 13, 2003, on special rules for terminating employment relationships for reasons unrelated to employees. This law applies to employers with at least 20 employees. Employers with fewer employees are not covered and must conduct layoffs under general principles.
Employer Obligations During Group Layoffs
Conducting group layoffs imposes several obligations on employers. The employer must develop a termination plan, notify relevant labor offices, consult with employee representatives, and provide information to affected employees about their rights and entitlements, including severance pay.
Special Rules for Protected Groups
For protected groups such as pregnant employees, employees on parental leave, or employees with disabilities, employers can only terminate their employment through a notice of change in working conditions and pay. If this notice results in reduced compensation, these employees are entitled to a supplementary allowance until the end of their special protection period.
Severance Pay Calculation
Employers must provide severance pay to employees terminated as part of group layoffs. The amount is calculated based on the employee’s length of service and cannot exceed 15 times the minimum wage in effect on the date of termination. The period of employment includes periods under civil law contracts or business activity before the employment contract.