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Employment reduction

This article is written according to the legal status current as of: 2017-01-05

Termination of employment, and registration in the district labour office

Termination of employment is associated with a number of formalities the employer is obliged to comply with. Issued documents have an impact on registration and obtaining benefits at the employment office.

Information regarding the employment contract termination, that is included in the employment certificate, affects the time after which the unemployment benefit is granted.

An unemployed person is entitled to the benefit after 7 days from the day of registration in the labour office, when:

  • the employment contract expired,
  • the employment contract termination was due to expiration of a period, 
  • the contract of employment was terminated by notice by the employer,
  • the employee terminated the employment contract pursuant to art. 55 § 11 of the Act of 26 June 1974 - Labour Code, that is in the situation where the employer has committed a serious breach of fundamental obligations towards the worker.

important information! 

The unemployment benefit is also granted after 7 days from the day of registration, in case within 6 months before registration the employment relationship is terminated by mutual agreement, however the reason should be one of the listed in art. 75 § 1 item 2 of the Act on the promotion of employment and labour market institutions. That is, in the situation where the mutual agreement resulted from the bankruptcy, liquidation of an enterprise or redundancies caused by reasons  attributable to the employer, or when the employment relationship or the labour-based relationship by giving a notice or by mutual agreement was terminated due to change in the place of residence.

In case within 6 months before registration with the labour office the unemployed person terminated the employment relationship:

  • by mutual agreement
  • by giving a notice

he receives the right to benefit following a period of 90 days after registration and the benefit collection period is shortened by the 90 days.

The conditions to be met by the unemployed person in order to receive the right to the unemployment benefit are listed in the section dedicated to the unemployed persons and job seekers.

Immediately after the end of the employment issue employment certificates

Remember that according to art. 97 of the Labour Code you are obliged to issue immediately, upon the termination or expiration of a contract of employment,  the employee with a certificate of employment.

Additionally according to §1a of the regulation of the Minister of Labour and Social Policy  of 15 May 1996 on the detailed content of the certificate of work and method and procedure for the issuance and extension, in the event of termination or expiry of the contract of employment for an indefinite period, you should issue a certificate of employment on the date on which the termination or expiration of the employment relationship takes place. If issuing a certificate of work within the timeframe of the above provisions is not possible, you are required no later than in 7 days from the date of expiry of the deadline to send the certificate to the employee or a person authorized by him, by mail or deliver in any other way. It is extremely important for you ex-worker, since he probably wants to register in the labour office as soon as possible. In order to register in the labour office a person is obliged to submit all of the employment certificates, together with the last one. Lack of any of those documents results in refusal of registration in the labour office as an unemployed person. Here you may find a work certificate standard.

Did you employ the person on the basis of the mandate contract or contract of employment, but part-time? Please do issue additional certificate of employment and earnings

Periods of employment on the basis of a contract of employment for part-time work or mandate contract will also be taken into account when determining the right to the unemployment benefit provided that during this period the person received remuneration in the amount of at least the minimum remuneration for work and was obliged to pay contributions to the Labour Fund and social insurance contributions.

District labour office in order to determine whether above conditions are met, requires the unemployed person to submit a certificate of employment and earnings, issued by the employer, in case the person provided services in accordance with the mandate contract . The certificate should include information about how long the contract lasted, and what exactly was the amount of remuneration the person received every month, additionally labour office requires information whether the employer paid social security contributions and those to the Labour Fund or not. Here you may find an example of such certificate. In case the unemployed person worked on the basis of part-time employment contract the standard employment certificate does not include details regarding the salary, hence such person in order to register in the labour office is additionally obliged to submit certificate from the employer, presenting what   amount of remuneration the person received every month and whether the employer paid social security contributions and those to the Labour Fund or not. Here you may find an example of such certificate.

If you terminate the employment contract by notice, the employee is entitled to days-off to seek work

In case of at least two weeks’ notice when the contract is terminated by the employer, the employee is entitled to days-off in order to search for another work, with the right to remuneration. The employee is entitled to two days-off in case the notice period is two weeks or one month long.  If the notice is three moths long or is shortened  on the basis of art. 361§ 1 – the employee is entitled to three working days to seek work.

When is it impossible to terminate the employment contract?

  • Prior to employee’s retirement

You cannot terminate the contract of employment with the employee, who  in no more than four years will reach retirement age, if the period of employment allows him to retire at that age.

  • When the employee is pregnant or during the maternity leave

An employer may not serve a termination notice to a female employee or terminate her employment contract during her pregnancy or maternity leave or additional maternity leave, unless there are reasons which justify termination of the contract without observing notice period through the employee's own fault, and the trade union active in the workplace, which represents the employee concerned, has consented to termination of the contract. The above rule shall not apply to a female employee during the probationary period which is not longer than one month.

An employment contract concluded for a fixed period or for the time to perform particular work, or for a probationary period longer than one month which would expire after the end of the third month of pregnancy, shall be extended until the day of the childbirth. The above does not apply to an employment contract for a fixed period of time concluded with a view to ensuring replacement for an employee during that employee's justified absence from work.

During pregnancy or maternity leave, an employment contract may be terminated with notice by an employer only if bankruptcy or liquidation of the employer is declared.

  • During the annual leave of the employee

You cannot terminate a contract of employment during the employee's leave, as well as during other excused absence from work, if the period that entitles you to terminate the contract without notice has not passed yet.

Legal basis

Act of 20 April 2004 on Employment Promotion and Labour Market Institutions

Act of 26 June 1974 - Labour Code

Regulation of Minister of Labour and Social Policy  of 15 May 1996 on the detailed content of the certificate of work and method and procedure for the issuance and extension

Development: Editorial team of Zielona Linia

 


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