🔹 Introduction
Termination of an employment contract is a unilateral declaration of intent by an employee or employer to end the employment relationship with notice period. The Labor Code regulates the length of notice periods and the obligation to provide a reason in detail – depending on the type of contract and the party terminating it.
🔸 1. Legal basis
- Labor Code – art. 30 § 1 points 2 and 4,
- Articles 32–36 – termination of the contract,
- Articles 52–53 – termination without notice (disciplinary and others).
🔸 2. Who can terminate the contract?
- Employee – without the need to provide a reason (at will),
- Employer – must adhere to specific regulations and in the case of an indefinite contract – must provide a reason for termination.
🔸 3. Obligation to justify termination
Fixed-term contract - ❌ No
Indefinite contract - ✅ Yes – specific and actual (the employee does not need to provide a reason)
📌 Lack of justification for termination by the employer (for an indefinite contract) may be grounds for claims in labor court.
🔸 4. Notice periods – how long do they last?
According to art. 36 of the Labor Code, the notice period depends on the length of employment with a given employer:
- Less than 6 months - 2 weeks
- From 6 months to 3 years - 1 month
- More than 3 years - 3 months
📌 Applies to fixed-term and indefinite contracts.
🔸 5. Notice period for probationary contracts
- Up to 2 weeks - 3 business days
- Over 2 weeks, up to 3 months - 1 week
- 3 months - 2 weeks
🔸 6. Examples of acceptable reasons for termination by the employer (indefinite contract)
✅ Example reasons that have been deemed justified by courts:
- repeated lateness or absences,
- lack of competence, low quality of work,
- loss of trust (e.g., breach of confidentiality),
- elimination of a position or reduction in employment,
- refusal to carry out job orders,
- loss of necessary qualifications for work (e.g., driver's license, license).
📌 The reason must be true, specific, and documented. Vague statements may be considered insufficient by the court.
🔸 7. Form and procedure for termination
- Written form – mandatory on the employer's side (art. 30 § 3 of the Labor Code),
- The termination must include:
- identification of the contract and the date it was concluded,
- notice period,
- reason (if required),
- a warning about the right to appeal to the court (if from the employer).
🔸 8. Employer's obligations during the notice period
- The employee has the right to vacation,
- They can be released from the obligation to work (with the right to remuneration),
- A work certificate must be issued on the day the employment relationship ends.
🔸 9. Withdrawal of termination
✅ Possible only with the consent of the other party (even if the termination has not yet been finalized).
🔸 10. Appeal to labor court
- The employee can file a lawsuit in labor court if they consider the termination to be:
- unlawful (e.g., lack of justification),
- discriminatory,
- in violation of specific regulations (e.g., protection against dismissal due to approaching retirement).
📅 Deadline: 21 days from the delivery of the termination.
📚 Legal basis
- Labor Code: art. 30, 32–36, 41, 45
- Supreme Court jurisprudence: including the ruling of 5.02.2020, I PK 243/18 – concerning the obligation of specific justification
- Trade Union Act – for employees covered by union protection
✏️ Summary
- Who can terminate - Employee and employer
- Form - Written (for the employer – mandatory)
- Notice period - 2 weeks – 3 months (depending on length of service)
- Reason - Required only for indefinite contracts from the employer
- Right to benefit - Entitled
- Right to labor court - Yes – 21 days from delivery of the termination