Termination basics and notice periods

Ending an employment relationship in Poland is governed by strict rules under the Polish Labour Code. Whether you are leaving a job or facing termination, understanding notice periods, required documentation, and your right to challenge unfair treatment is essential to protecting your interests and avoiding surprises.

How employment contracts end in Poland

Under Polish law, an employment contract can be terminated in several ways: by mutual agreement of both parties, by unilateral termination with notice, by immediate termination without notice in serious cases, or simply by expiration of the contract term. Each method has different formalities and legal requirements.

Mutual agreement, known as za porozumieniem stron, is the most flexible method. Both employer and employee negotiate and agree in writing on the end date and terms. Because this is voluntary, it can happen even during periods when employees are normally protected from dismissal, such as maternity leave or sickness absence. No specific reason is required, and there is no mandatory notice period.

Termination with notice is the standard process when one party wants to end the relationship but the other does not necessarily agree. This method requires the party initiating the termination to provide written notice and observe statutory notice periods. When an employer terminates a contract for an indefinite period or a fixed-term contract with notice, the termination letter must state the reason for dismissal and inform the employee of their right to appeal to a labour court.

Statutory notice periods for standard contracts

For permanent contracts, known as umowa o pracę na czas nieokreślony, and most fixed-term contracts, the notice period depends solely on your total length of service with that employer. This is called seniority and includes all time you have worked for that specific company.

• Less than 6 months of service: 2 weeks' notice
• At least 6 months but less than 3 years of service: 1 month's notice
• 3 years or more of service: 3 months' notice

These periods apply equally whether you resign or the employer terminates the contract. Notice periods calculated in months start on the first day of the month following the date the termination notice is delivered and end on the last day of the relevant month. For example, if you receive a termination letter on October 28 and have a three-month notice period, the notice starts November 1 and the contract ends January 31. When notice is counted in weeks, it ends on the Saturday following the full notice period.

Probationary contracts

Trial period contracts, called umowa na okres próbny, can last up to three months. These contracts have much shorter notice periods that depend on the length of the trial itself. If the probationary period does not exceed two weeks, either party can terminate with three working days' notice. For probation longer than two weeks but up to three months, the notice period is one week. For a three-month probationary contract, the notice period is two weeks.

Termination without notice: disciplinary dismissal

In very serious cases, the employer may terminate the contract immediately without any notice period. This is known as disciplinary dismissal or rozwiązanie umowy bez wypowiedzenia. The Labour Code lists specific grounds when this is permitted, including gross violation of basic employee duties, commission of a crime during employment that makes further work impossible if the offense is obvious or confirmed by a final court ruling, or loss of a required license or permit through the employee's own fault.

Disciplinary dismissal can also occur when the employee is not at fault, such as prolonged illness. If an employee is absent due to illness for more than three months and has worked for the employer for less than six months, the employer may terminate without notice. The employer has only one month from learning about the grounds for dismissal to issue a disciplinary termination notice.

Even disciplinary dismissals must be in writing, must state the specific reason, and must inform the employee of the right to appeal to a labour court within 21 days.

Documentation and written requirements

All terminations initiated by an employer, whether with or without notice, must be documented in writing. The termination letter must clearly state the reason for ending the contract when the contract is for an indefinite period or when terminating without notice. The reason must be real, specific, and understandable so the employee knows exactly why they are being dismissed. General or vague explanations are not sufficient and can be successfully challenged in court.

The termination letter must also include explicit information that the employee has the right to challenge the dismissal in a labour court and the deadline to do so. This is a mandatory requirement. If the employer represents the employee through a trade union, the employer must notify the union in writing at least five days before issuing the termination letter. The union can submit objections, which the employer must consider, although the union opinion is not binding.

When employment ends, the employer must issue a Certificate of Employment, known as świadectwo pracy, and deregister the employee from ZUS, the Polish social insurance system. This certificate is important for unemployment benefits and future employment, so always keep it safe.

Challenging termination: appeals to the labour court

Any employee who believes their termination was unlawful or unjustified has the right to challenge it in a labour court, known as Sąd pracy. You must file your appeal within 21 days from the date you receive the termination notice. This deadline is strict and missing it means you lose the right to challenge the dismissal.

The labour court will examine whether the termination met all formal requirements and whether the stated reason was genuine and justified. The burden of proof lies entirely with the employer, meaning the employer must demonstrate that the dismissal was lawful and justified. Common grounds for successful appeals include lack of a real reason, violation of procedures such as failing to consult a trade union, dismissal during a protected period, or inadequate documentation.

If the court finds the termination was improper, the employee can choose between two remedies: reinstatement to the previous job with the same conditions, or financial compensation. Compensation typically ranges from the equivalent of the notice period up to three months' salary. If the employee is reinstated, the court may also order back pay for the time the employee was unemployed, although this is often capped.

Labour court proceedings are relatively employee-friendly. Employees do not typically pay court fees in labour disputes, making it financially accessible to pursue wrongful termination claims. If you are uncertain about your case, consider consulting a lawyer or seeking free legal advice from organizations that support workers' rights.

Complaints to the State Labour Inspectorate

If your employer violates labour law, you can file a complaint with the State Labour Inspectorate, known as Państwowa Inspekcja Pracy or PIP. The Inspectorate supervises employer compliance with employment law, including the legality of terminations, unpaid wages, health and safety violations, and illegal employment practices.

Complaints can be submitted in writing by post, in person at any regional PIP office, or online through the official PIP website at www.pip.gov.pl. The Inspectorate does not accept anonymous complaints, so you must provide your name and address. However, you have the right to request that the inspector not disclose your identity to the employer if you fear retaliation.

After receiving a complaint, the Inspectorate typically conducts an inspection of the employer. Labour inspectors have the authority to enter workplaces without prior notice, review documents from the past three years, interview employees, and issue orders or fines if violations are found. After the inspection is completed, you will receive written notification of the outcome and any measures taken.

It is important to understand that filing a complaint with PIP does not replace your right to go to labour court. The two processes are independent, and you can pursue both if needed. PIP focuses on employer compliance and enforcement, while the labour court resolves individual employment disputes and can order reinstatement or compensation.

Rights during the notice period

During the notice period, you continue to receive your full salary and remain employed with all normal obligations and rights. The employer can require you to use any unused annual leave during this time without needing your consent. If you have accumulated leave that cannot be used before the contract ends, you are entitled to financial compensation for those unused days.

If you are working a notice period of at least two weeks following employer-initiated termination, you are entitled to paid time off to search for a new job. For a notice period of two weeks or one month, you receive two days off. For a three-month notice period, you receive three days off. The employer must pay you for this time.

The employer may release you from the obligation to work during the notice period, but must continue paying your full salary. This is sometimes called garden leave. You remain employed and cannot take another job during this period unless the employer agrees.

Severance pay

Severance pay is not automatically provided in all terminations. It is mandatory only when the employer has at least 20 employees and the termination is for reasons not related to the employee, such as redundancy, company reorganization, or elimination of a position. The amount of severance depends on your length of service with that employer: one month's salary if you worked less than two years, two months' salary for service between two and eight years, and three months' salary if you worked more than eight years. Severance is capped at 15 times the national minimum wage in the year of termination.

Severance is not paid if you are dismissed for fault, resign voluntarily, or if the termination is by mutual agreement unless the mutual agreement specifically includes severance as a negotiated term.

Practical steps to protect yourself

From the moment you start any job in Poland, take steps to protect your rights. Always ensure your employment contract is in writing and that you receive a signed copy. Keep all pay slips, correspondence, and records of hours worked. If you receive any warnings, reprimands, or performance reviews, keep copies and document your responses.

If you receive a termination notice, read it carefully and note the date you received it. Check that it includes the required elements: the reason for dismissal, information about your right to appeal, and proper signatures. If anything is missing or unclear, consult a lawyer or contact PIP immediately. The 21-day deadline to appeal runs from the date you receive the notice, not from the date it was written.

If you believe the termination is unfair or illegal, do not delay. Gather all relevant documents, including your employment contract, the termination notice, and any evidence supporting your case, such as emails or witness statements. Seek legal advice as soon as possible. Many lawyers offer initial consultations, and some will work on contingency or reduced fees for labour disputes.

Understanding your rights under the Labour Code is your strongest protection in employment disputes. Polish labour law provides significant safeguards for employees, but these protections only work if you know them, document everything, and act within the legal deadlines.