Polish labor law allows employees to terminate contracts without notice under specific conditions and may entitle them to compensation.
Rights and Obligations in the Labor Code
While an employment contract is primarily associated with obligations, it primarily provides the strongest protection for the employee. An employment contract defines the rights and obligations of both the employee and the employer. According to the law, the employee commits to performing specific work under supervision, at a specified place and time, while the employer undertakes to pay the employee remuneration and provide safe and hygienic conditions for performing official duties.
When Can an Employee Terminate a Contract Without Notice?
Labor law allows an employee to terminate a contract without notice under specific circumstances. According to the law, an employee can terminate the contract without notice in two cases: when a medical certificate confirms that their job duties harm their health and the employer fails to provide safer alternative work within the specified timeframe, or when the employer seriously violates their obligations.
Medical Certificate and Immediate Termination from Work
According to Article 55 § 1 of the Labor Code, an employee can terminate an employment contract if they receive a medical certificate from an occupational health physician stating that their job duties are detrimental to their health, and the employer does not change their position to a safer one within the designated timeframe.
Employer’s Serious Violation of Obligations
Another justification for terminating an employment contract immediately is the serious violation of obligations by the employer. The catalog of the employer’s basic obligations is extensive and includes providing safe and hygienic working conditions, paying wages on time, and respecting employee rights.
How to Submit Immediate Termination? (Procedure)
For the termination to be effective and give the right to claims, formalities must be completed. The employee should submit a written termination notice specifying the reason for termination without notice.
Compensation for Employee Due to Employer’s Fault
The law also provides situations where the employee can demand compensation from the employer. This applies to contract termination without notice due to the company’s serious violation of obligations. In such cases, the employee is entitled to compensation in the amount of their salary for the notice period.