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Ways of the employment contract termination

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

Ways of the employment contract termination

The employment contract may be terminated:

  • by agreement of the parties,
  • with the termination notice (by the employer or employee),
  • without the termination notice(by the employer or employee),
  • due to expiration of time for which it has been concluded,
  • upon completion of the specific task for which the contract has been concluded.

The notice period varies depending on the contract type.

If the contract was concluded for a fixed period which lasts more than six months, you may find in it a record of 2-week notice.

You are entitled to three-day notice if your substitution agreement is terminated.

If the contract was concluded for an indefinite period of time, the notice may last:

  • two weeks - if the employee has been employed for the period of time shorter than six months,
  • a month - if the employee has been employed for the period of time of at least six months and shorter than three years,
  • three months - if the employee has been employed for the period of time of at least three years.

If the contract was concluded for a trial period, the notice may last:

  • three working days - for contracts concluded for a period of time shorter than two weeks,
  • a week - for contracts concluded for a period of at least two weeks but shorter than three months,
  • two weeks - for contracts concluded for a period of at least three months.

The period of notice of employment contract termination covers the week or month or their multiple and shall end on the Saturday or the last day of the month.

In addition, the notice of contracts concluded for an indefinite period of time, must include:

  • the reason for termination,
  • notice of the employee’s right to appeal to the Labour Court. 

It is also possible for the employer to terminate the employment contract without the termination notice. He has the right to do so in the following cases:

  • the employee violated his fundamental responsibilities, e.g.:
    • appeared in the work in a state of intoxication,
    • did not perform the order,
    • left the place of work without justification,
    • disturbed the order in the workplace,
    • appropriated one’s property,
  • the employee when being employed has committed an offense which has prevented him from further execution of assigned responsibilities,
  • the employee has lost the licenses which were necessary to perform work at his position through his own fault,
  • the employee was unable to work due to illness lasting:
    • more than three months - when he has been employed with the employer for the period of time shorter than six months,
    • more than a total period of receiving the remuneration paid by the employer and illness benefits, and rehabilitation benefits paid for the first three months - when he has been employed with the employer for the period of at least six months, or inability to work was caused by an accident at work, or when it results from an occupational disease.

Remember!

The agreement of the parties must also be confirmed in writing! Such a document is usually drawn up by the employer.

The committed offense must be obvious or certified by the court.
 


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.