Creative industry
Bartłomiej Serafinowicz
Bartłomiej Serafinowicz
24 January 2023

Termination of Employment Contract

Zmiany w prawie konsumenckim weszły w życie

Termination of an employment contract is not that simple.

Sometimes, for various reasons, it is necessary to terminate the contract with an employee. This process is regulated by law. Unfortunately, employers often forget this, as a result of which they may end up losing the case in court.

Therefore, it is worth remembering the basic rules for terminating employment contracts – both by so-called disciplinary action and upon notice.

So, when we are not allowed to terminate the contract upon notice?
if the employee is no more than 4 years short of the retirement age, provided that he or she is to acquire the right to a pension upon reaching that age;
during an employee’s leave;
during an excused absence from work other than leave (e.g., during sick leave), unless the period in which termination without notice is allowed has expired;
during pregnancy and while on maternity, parental, or child care leave.

In turn, termination of contract without notice can only take place in situations specified by law, namely:
if the employee commits a serious violation of his/her basic employee’s duties;
if the employee commits a crime that prevents further employment in the relevant position (if the crime is obvious or confirmed by a final judgment);
in the case of culpable loss of authorisation necessary to perform the work in the relevant position;
when the employee is not able to work due to illness for the period of time specified in law.

These are just basic rules, we will find many more restrictions on termination in labour law. Therefore, before filing a notice, it is a good idea to verify the applicable laws, and preferably consult a lawyer for a plan of action.

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