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Appeal from termination of the employment contract

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

Appeal from termination of the employment contract

An employee, who does not agree with the termination notice he has received, has the right to appeal to a labour court within 7 days from the day he received the letter notifying of the termination of the employment contract.

It is worth remembering that submitting an appeal does not change the situation of the employee. Each termination notice, also those unlawful or unjustified, comes into force with the day of their issue. It means that, despite all the possible flaws of the termination notice, the contract of employment terminates with the date indicated therein.

However, the labour court may decide to re-establish the person to work or to pay him the compensation.

An employee submitting an appeal to a labour court may complain that:

  • the employer breaks the rules related to the notice of the employment contract termination,
  • the termination is unjustified (only in the case of a person employed for an indefinite period of time).

The employee submitting an appeal should make his claims. However, the type of claims depends on the terminated contract and the consequences caused by the notice.

A worker employed for an indefinite period of time is in a privileged situation as far as these claims are concerned. According to the Labour Code, such an employee has the right to claim for:

  • recognition of the termination as void, if the termination notice has not yet expired,
  • the re-establishment to work on the previous conditions, if the notice period has already expired,
  • compensation.

Workers who were employed for a trial period, for a definite period of time or for the time of completion of a specified task may claim only for payment of compensation. They cannot claim for re-establishment to work, unless it is pregnant woman or a worker on maternity leave who have been employed for a definite term or for the time of completion of a specified task.

Remember!

  • you can appeal from each termination notice and make your claims,
  • you can claim for the re-establishment to work or for compensation. 

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.