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Recently, there has been much discussion about entrepreneurs as those who, with their own hands, forge a better future for us. This is, of course, true—society needs people who organize work. However, entrepreneurs alone are not enough. For the Polish economy to continue developing as dynamically as it has so far, it also needs—perhaps above all—employees.

In order to generate profits and develop their businesses, entrepreneurs need—ideally—an engaged and loyal workforce.

The desired situation is one in which the entrepreneur treats the employee fairly and pays decent wages for hard work, while the employee, appreciating the employer’s attitude, works with commitment, also taking the employer’s needs into account.

Unfortunately, reality often looks different, which is why it is worth knowing your rights.

In the further part of this article, we will:

• take a closer look at the situation of an employee who has been dismissed,
• explain what options they have in such a situation, and
• analyze the basic regulations related to the termination of an employment contract.

I. How Can an Employment Contract Be Terminated?

First of all, it should be explained that an employment contract may be terminated by:

• mutual agreement of the parties;
• a declaration by one of the parties, submitted with notice (termination of the employment contract with notice);
• a declaration by one of the parties, submitted without notice (termination of the employment contract without notice);
• the expiry of the period for which the contract was concluded.

Mutual Agreement of the Parties

• the mutual consent of both parties to the employment relationship (contract) is required;
• both the employer and the employee jointly wish to terminate the employment relationship;
• for evidentiary purposes, it is recommended to maintain written form or at least documentary form (e.g. e-mail or SMS).

Termination of an Employment Contract With Notice

• it is sufficient for one party to submit a declaration of intent;
• both the employee and the employer may terminate the contract in this way;
• the declaration should be made in writing;
• although the Labour Code requires written form, failure to comply with this requirement does not automatically affect the effectiveness of the termination;
• failure by the employer to maintain written form may constitute grounds for the employee to claim reinstatement or compensation—however, this does not occur by operation of law and requires filing a claim with the labour court within the appropriate time limit.

Termination of an Employment Contract Without Notice

Similarly to termination with notice:

• it is sufficient for one party to submit a declaration of intent;
• both the employee and the employer may terminate the contract in this way;
• the declaration should be made in writing;
• although the Labour Code requires written form, failure to comply with this requirement does not automatically affect its effectiveness;
• the consequences of failure to maintain written form are similar to those for termination with notice.

However, for termination in this manner:

• it is necessary to state the reason for termination, including when initiated by the employee;
• termination may occur with or without fault on the part of the employee;
• the Labour Code contains a catalogue of situations in which an employee may terminate the contract without notice, including in particular:
• a serious breach of basic obligations by the employer;
• failure to transfer the employee to another position despite a medical certificate indicating that continued work in the current position has a harmful effect on the employee’s health.

Expiry of the Period for Which the Contract Was Concluded

• the contract is terminated automatically upon the expiry of the specified period;
• in such a case, no additional declarations by the parties are required.

II. I Have Been Dismissed – What Should I Pay Attention To?

A declaration by the employer terminating an employment contract, whether with notice or without notice, is subject to legal requirements specified in the Labour Code. These requirements differ depending on the mode of termination.

1.Deadlines and Formal Requirements of Termination

a) Termination of an Employment Contract With Notice / Notice Period

• The length of the notice period depends on various factors, the first being the type of contract.
• For contracts concluded for a trial period, the notice period is:

– 3 working days, if the trial period does not exceed 2 weeks;
– 1 week, if the trial period is longer than 2 weeks;
– 2 weeks, if the trial period is 3 months.

• For fixed-term and indefinite-term contracts, the notice period depends on the length of service with the given employer and amounts to:

– 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 but less than 3 years;
– 3 months, if the employee has been employed for at least 3 years.

• In strictly defined cases, the length of service with a previous employer is also included.
• the termination notice should indicate the reason justifying the termination;
• the termination notice should include information about the employee’s right to appeal to the labour court.

b) Termination of an Employment Contract Without Notice

• both the employer and the employee may terminate the contract in this manner;
• termination may occur with or without fault on the part of the employee;
• the reason justifying such termination should be indicated;
• the declaration of termination should include information about the employee’s right to appeal to the labour court;
• for termination in this manner by the employer to be lawful, a number of specific requirements must be met.
• Termination of an employment contract without notice due to the employee’s fault may occur in the event of:

– a serious breach by the employee of basic employee duties;
– the employee committing a crime during the term of employment that makes further employment in the occupied position impossible;
– culpable loss by the employee of qualifications necessary to perform work in the occupied position.

• The Labour Code also regulates the time limit within which the employer may terminate the contract after obtaining information about the event justifying such termination (i.e. how long after learning of the employee’s conduct the employer may terminate the contract on this basis), as well as the obligation to seek the opinion of the workplace trade union organization prior to termination.
• The employer may also terminate an employment contract without notice without fault on the part of the employee. This may occur as a result of:
• the employee’s incapacity for work due to illness, but only after the expiry of specified periods, the length of which depends on the length of service or the cause of the illness (depending on whether the incapacity was caused by a workplace accident or an occupational disease); and
• justified absence from work exceeding one month, for reasons other than those listed above.

2. Time Limit for Appealing Against Termination

A. 21-Day Time Limit to File an Appeal Against Termination

An appeal against termination must be filed with the labour court within 21 days from the date of delivery of the notice terminating the employment contract.

This time limit is substantive in nature, which means that failure to meet it results in the expiry of the claim (loss of the possibility to pursue it in the future).

This time limit is not procedural in nature and therefore is not subject to reinstatement under the general rules set out in the Code of Civil Procedure.

B. 7-Day Time Limit to Submit an Application for Reinstatement of the Time Limit to Appeal

If 21 days have already elapsed since the delivery of the notice terminating the employment contract and the employee did not file an appeal within this time, the case does not necessarily have to be lost.

It is possible to submit an application for reinstatement of the time limit to appeal against termination—however, the conditions for reinstatement are strict.

The time limit to submit an application for reinstatement is an absolute 7-day period.

Moreover, for reinstatement of the time limit to be effective, the appeal itself must be submitted simultaneously—therefore, immediate action is necessary.

The court is obliged to reinstate the time limit once specific conditions are met. If you have only now realized that your termination was defective, you still have an opportunity to act.

In the next article, the issue of the reason for termination will be discussed, as well as how one can potentially prepare in order to effectively protect one’s rights.