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Employment contract termination

Employment contract termination

An employment contract may be terminated:

  • upon a mutual agreement of the parties,
  • by a notice of termination made by one party with the notice period,
  • by a notice of termination made by one party without the notice period,
  • upon expiry of the term for which it was concluded.

The notice period depends on the length of service for a given employer:

  • two weeks - if you have worked for a given employer for a period shorter than six months;
  • one month – if you have been employed for a period of at least six months but shorter than three years;
  • three months – if you have been employed for a period of at least three years.

If you have concluded an employment contract for a probation period, the notice period should last:

  • three working days – for the contracts shorter than two weeks,
  • a week – for the contracts longer than two weeks but shorter than three months
  • two weeks – for the contracts concluded for the period of three months.

A contract of employments may also be terminated upon mutual agreement of the parties.

The period of notice ends on Saturday or on the last day of the month respectively.

Additionally, in the case of an unspecified period employment contract, a notice of termination must include:

  • the reason justifying the termination of this agreement,
  • instructions regarding an employee’s right to appeal to a labour court.

An employer may also terminate the employment contract due to the employee’s fault, if the employees:

  • violated grossly their basic work duties, e.g.
    • came to work under the influence of alcohol,
    • refused to comply with the orders of their superior,
    • left their work stand without justification,
    • disturbed the peace in a workplace,
    • stole money or other means from the place of work;
  • committed a crime during the contract period, that prevents his further employment on the current position, if the crime is self-evident or has been confirmed by a valid court ruling;
  • through his own fault, he forfeited the rights necessary to perform work at the held position.

The employment contract may be terminated by the employer also due to causes which are not employee’s fault:

  • upon employee’s incapacity for work, due to an illness that lasts:
    • longer than three months – if the employment period is shorter than six months,
    • longer than the cumulative period of receiving remuneration (while being on a sick leave), sickness benefit and rehabilitation benefit,
    • if the employment period lasts at least six months or if the incapacity for work was caused by the accident at work or vocational disease,
  • in the case of justified employee’s work absence due to other reasons than illness, which lasts for more than one month.

Remember!

A mutual agreement must also be made in writing which is usually done by the employer.

A committed crime should be obvious or confirmed with a valid conviction. 

 


Remember! All the materials posted on the portal www.zielonalinia.gov.pl have been drawn up by the editorial group and are for your information. The editors have put a considerable effort to make the provided information accurate and reliable. However, the information does not constitute a binding interpretation of the law.