All contentious matters related to termination are decided according to the principles set out in the Labour Code. Nevertheless, when deciding to terminate an employment contract or receiving notice of termination, it is worth knowing your rights and obligations.

Labour Law and the Obligations of the Parties to an Employment Relationship

Both establishing and terminating an employment relationship take place in writing—whether this involves notice of termination or termination of the contract by mutual agreement. In such cases, the basis is a declaration by one of the parties, and termination takes place subject to the notice period. An employment relationship may also end as a result of the expiry of a fixed-term contract. Naturally, companies and corporations have internal provisions and regulations, including those related to employment relationships. Nevertheless, it is worth knowing that such provisions may not conflict with the provisions of the Labour Code, nor may they be less favourable than the provisions of collective labour agreements and collective agreements. It is also worth knowing that every situation, especially a problematic one, may require individual assessment in terms of compliance with legal regulations. Labour law is handled by law firms specialising in this area. This may be a labour-law attorney in Wrocław or other cities in Poland. Any doubts should always be clarified by consulting specialists, as labour law is a broad and complicated field. More information here: https://wypowiedzenie-umowy-o-prace.pl/adwokat-wroclaw/.

The Labour Code—Employees’ Rights and Obligations

According to the basic principle of labour law, the most important duty of every employee is, naturally, to perform work. Nevertheless, when an employment contract is terminated, the employer often does not want the dismissed employee to work during the notice period. Despite not performing their employee duties during this time, the employee receives remuneration. However, it must be remembered that during this period the employee is obliged to remain available to the employer and, if necessary, to begin performing work for them. The provisions of the Labour Code nevertheless provide for what is known as unilateral termination of the contract by the employer, which means that the employee does not work during the notice period and cannot even request to do so. Employees are, however, entitled to 2 or 3 days off, depending on the notice period, which may be used to look for a new job.

Notice of Termination, Release from the Duty to Work, Notice Period

It is possible for a contract to be terminated immediately without notice—this occurs when the employment relationship is ended through the employee’s fault. The same applies in both directions: if the employer seriously breaches their obligations towards the employee, the employee may terminate the employment relationship immediately. The standard procedure for terminating an employment relationship requires the notice period to be observed. As mentioned in the previous paragraph, the employer usually decides to release the employee from the duty to work during this time. This also raises the question: how long is the notice period?

This is regulated by the provisions of the Labour Code, specifically Article 36. Under the Act, the notice period is:

  • 2 weeks—if the employee has been employed for less than 6 months
  • 1 month—if the employee has been employed for at least 6 months
  • 3 months—if the employee has been employed for at least 3 years.

Under the law, the notice period is regarded as a period of employment. Therefore, during this time the employer pays all types of social-insurance contributions and also pays the standard remuneration.