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Labour law

Questions and answers about terminating an employment contract

Author Aleksandra Kostrzewa

In some cases, the employment relationship is terminated. How can the employment contract be terminated? When can an employee be disciplined? Can a fixed-term contract be terminated?

 

How can an employment contract be terminated?

 

The employment contract can be terminated in several ways:

 

  • agreement of the parties – e. an additional written “contract” by which the conditions of termination between employee and employer are agreed (e.g. date of termination, possible use of outstanding leave, etc.)
  • termination of the contract by the employee or employer – e. termination of the contract after expiry of the notice period;
  • termination of the contract without notice by the employee or employer – i.e. immediate termination of the contract (known as a disciplinary measure), which can only be applied in the cases specified in the Labor Code;
  • passage of time – in the case of a fixed-term or trial contract, the contract is automatically terminated at the end of the period specified in the contract.

 

Can a fixed-term contract be terminated?

 

Yes, a fixed-term contract can be terminated. The parties can decide at any time to terminate it by mutual agreement. In addition, either party may unilaterally notify the other of the termination of such a contract (it is important that the notification given by the employer is reasoned). How long is the notice period?

 

The notice period is the waiting time between the expression of intention to terminate the contract and the actual termination (for example, if notice is given on April 30, 2024, the employment relationship will terminate after a notice period of one month, i.e. on May 31, 2024 – the period between April 30 and May 31 is the notice period). Notice periods vary according to the length of time the employee has been employed by the employer.

 

In principle, during the notice period, the employee works normally and retains all rights and obligations associated with the employment relationship.

 

If a probationary employment contract is concluded, the notice period varies between 3 days and 2 weeks (depending on the duration of the probationary contract

 

In the case of a fixed-term or open-ended contract, the notice period is :

 

  • 2 weeks – if the employee has been employed by this employer for at least 6 months;
  • 1 month – if the employee has been employed by this employer for more than 6 months but less than 3 years;
  • 3 months – if the employee has been employed by this employer for at least 3 years..

Daria Milewska

Attorney

Do you have any questions related to this topic?


     

    Can an employee be dismissed without notice?

     

    Yes, in certain specific cases, an employee’s employment contract can be terminated without notice, i.e. immediately. These cases fall into one of the following three categories (other situations cannot constitute grounds for sanction):

     

    • serious breaches of fundamental employee duties;
    • commission of a criminal offence in the course of employment;
    • wrongful loss of necessary powers.

     

    An example of a serious breach of fundamental labor obligations would be coming to work while intoxicated, failing to comply with employer instructions or leaving the workplace without justification.

     

    With regard to the second group of grounds, it should be remembered that this is a criminal offence, not a misdemeanor. It must have been committed in the course of employment. The employment contract cannot therefore be terminated on this basis if the offence was committed before the employee was hired.

     

    An example of the loss of necessary authorizations would be the wrongful loss of a driver’s license by an employee who is a professional driver. It would be impossible for him to resume employment in such a position.

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