Under Article 55 of the Polish Labor Code, employees can terminate their employment contracts with immediate effect due to health risks or employer breaches, granting them the right to financial compensation within a strict one-month deadline. <\/p>\n
An employee employed under an employment contract has the right to terminate the contract with immediate effect without a notice period and receive compensation in situations specified by regulations. This applies to all full-time employees and is valid under Article 55 of the Labor Code, with the crucial condition of adhering to a strict deadline from the moment the violation is discovered.<\/p>\n
While immediate termination is most commonly associated with disciplinary dismissal by the employer, labor law operates on the principle of equal protection for both parties. In practice, this means the employee possesses an analogously legal tool allowing them to resign from work overnight if employment conditions threaten their health or if the supervisor grossly violates regulations.<\/p>\n
An employment contract entails rights and obligations for both parties, where the employee performs tasks under the employer’s direction in a designated place and time, and the entrepreneur must regularly pay wages and guarantee safe working conditions. When the boss fails to fulfill these duties, the subordinate does not need to remain under subordination for the standard notice period and may decide on an immediate termination through the employer’s fault.<\/p>\n
Adhering to proper procedures allows the employee to recover professional freedom without working off weeks or months while acquiring the right to financial compensation from the previous company. However, improper use carries significant risks, and if the employer considers the arguments groundless, they have the right to direct the case to the labor court.<\/p>\n
The first premise enabling the immediate termination of an employment contract relates to the employee’s health condition under Article 55 \u00a7 1 of the Labor Code, based on an official medical certificate issued by an occupational medicine physician. This document must explicitly state that the work performed has a harmful effect on the employee’s health, though the opinion itself does not automatically terminate the employment relationship.<\/p>\n
The regulation first imposes an obligation on the employer to transfer the employee to another appropriate job considering their health and qualifications within the time limit indicated in the certificate. If the supervisor ignores the medical certificate, exceeds the specified deadline, or informs about the lack of vacant positions meeting the health requirements, the employee gains the right to leave the company immediately.<\/p>\n
The second and more commonly encountered reason for immediate contract termination is when the employer commits a severe violation of basic obligations toward the employee under Article 55 \u00a7 1\u00b9 of the Labor Code. The concept of basic obligations refers directly to the catalog contained in Article 94 of the Labor Code, requiring a high degree of guilt and posing a real threat to the employee’s material and personal interests.<\/p>\n
A severe breach occurs when the employer’s action or omission creates a threat to the employee’s essential interests, particularly the right to timely remuneration and the protection of health and life in safe working conditions, as confirmed by Supreme Court jurisprudence.<\/p>\n
Quitting work with immediate effect through the employer’s fault entitles the employee to compensation, the amount of which is directly linked to the length of the notice period that would have applied under standard termination. For a work record below 6 months, the compensation equals a 2-week remuneration; from 6 months to 3 years, it equals a 1-month remuneration; and above 3 years, it equals a 3-month remuneration.<\/p>\n
The compensation is calculated according to the rules applied when determining the cash equivalent for holiday leave. If the labor court rules that no violation occurred or that it was not severe, the roles reverse, and the employee is obliged to pay the company compensation equal to the remuneration for the notice period.<\/p>\n
Effective contract termination under Article 55 of the Labor Code requires absolute compliance with specific formal rules, including a written form delivered personally with confirmation or sent by registered mail with acknowledgement of receipt. The document must contain a precise justification detailing specific facts rather than general formulations.<\/p>\n
Under Article 55 \u00a7 2 in connection with Article 52 \u00a7 2 of the Labor Code, the declaration of contract termination without notice cannot take place after the lapse of 1 month from the day the employee learned of the circumstance justifying the termination.<\/p>\n","protected":false},"excerpt":{"rendered":"
Under Article 55 of the Polish Labor Code, employees can terminate their employment contracts with immediate effect due to health risks or employer breaches, granting them the right to financial compensation within a strict one-month deadline. Immediate Contract Termination Rights An employee employed under an employment contract has the right to terminate the contract with […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"wpai_generated_summary":"","footnotes":""},"categories":[43],"tags":[],"class_list":["post-16362","post","type-post","status-publish","format-standard","hentry","category-politics-and-law"],"_links":{"self":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/16362","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/comments?post=16362"}],"version-history":[{"count":0,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/posts\/16362\/revisions"}],"wp:attachment":[{"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/media?parent=16362"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/categories?post=16362"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bizonews.com\/pl\/wp-json\/wp\/v2\/tags?post=16362"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}