🔹 Introduction
Termination of an employment contract without notice is the most radical form of ending the employment relationship. It can be applied by both the employer and the employee, but only in strictly defined situations. It does not require a notice period and has immediate effects.
🔸 1. Legal basis
- Art. 52–53 of the Labor Code – termination of the contract by the employer,
- Art. 55 of the Labor Code – termination of the contract by the employee,
- Case law of the Supreme Court and positions of the National Labor Inspectorate.
🔸 2. Termination of the contract by the employer – so-called “disciplinary dismissal”
✅ When is it possible? (art. 52 of the Labor Code)
The employer can terminate the contract without notice due to the fault of the employee if:
- They seriously violated basic employee duties
– e.g., refusal to follow orders, falsification of documents, theft, bullying, consuming alcohol at work. - They committed a crime (obvious or legally confirmed),
– which makes further employment impossible. - They lost the necessary qualifications to perform their work
– e.g., revocation of a driver’s license for a driver, loss of a professional license.
📌 Disciplinary dismissal can only be applied within 1 month from the moment the employer became aware of the offense (art. 52 § 2 of the Labor Code).
📝 Form:
- Written statement, containing:
- the legal basis (e.g., art. 52 §1 point 1 of the Labor Code),
- a specific and justified reason,
- information about the right to appeal to the labor court.
🔸 3. Termination of the contract by the employer for reasons not attributable to the employee
✅ Example: long-term absence due to illness (art. 53 of the Labor Code)
The employer can terminate the contract without notice without the fault of the employee, when:
- The employee is unable to work due to illness:
- for a period exceeding 3 months (if the employee has been employed for less than 6 months),
- for the duration of sick and rehabilitation benefits (if employed for a minimum of 6 months or if the incapacity is due to a work accident).
- Absence for other reasons lasts more than a month (e.g., unpaid leave, detention, arrest).
📌 It requires documentation – e.g., a certificate from the Social Insurance Institution regarding the duration of the benefit.
🔸 4. Termination of the contract by the employee without notice
✅ When is it possible? (art. 55 of the Labor Code)
The employee can terminate the contract without notice if:
- A doctor issues a statement that work poses a threat to their health,
– the employer did not transfer them to another job within the required time. - The employer seriously breached basic obligations towards the employee, e.g.:
- does not pay wages,
- violates health and safety regulations,
- engages in bullying or discrimination.
📌 The employee must:
- submit a written statement, with justification,
- has the right to compensation equal to the salary for the notice period.
🔸 5. Certificate of Employment and consequences of termination of the contract
- Termination without notice must be recorded in the certificate of employment (with the appropriate legal basis),
- May result in loss of the right to unemployment benefits for 180 days, if the fault lies with the employee (e.g., disciplinary dismissal),
- Termination due to the employer's fault – does not limit the rights of the employee.
🔸 6. Appeal to the labor court
- The employee has 21 days from receiving the termination
- The employer has 21 days from receiving the statement
The court may:
- reinstate the employee,
- award compensation (from 1 to 3 months' salary).
📚 Legal basis
- Labor Code, art. 52–55
- Supreme Court ruling from December 9, 2015 (II PK 403/14) – concerning serious violation of duties
- Supreme Court ruling from October 5, 2021 (II PSKP 55/21) – concerning termination by the employee without observing the term