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21 Dez. 2022

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Termination of an employment contract: how to resign from a job in Poland

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Termination of an employment contract: how to resign from a job in Poland

Many Ukrainians have found work in Poland, but not all of them know how to properly terminate employment relations on the territory of another country. Find out how to properly file a dismissal from work in Poland

An insurance policy is a guarantee of your safety and peaceful stay outside of Ukraine
An insurance policy is a guarantee of your safety and peaceful stay outside of Ukraine
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Every employed person sooner or later breaks the employment relationship. It is important to know your rights to avoid negative consequences in the event of dismissal, and abroad, understanding labor laws is extremely important.


We have prepared answers to the most common questions about termination of employment in Poland.


How to terminate "Umowa o dzieło" and "Umowa zlecenia" contracts?


Civil law contracts are regulated by the Civil Code of Poland. Accordingly, the law applies when the contract is terminated. If the employer has specified terms of termination, you will comply with them.


Release by consent of the parties


"Umowa o dzieło" and "Umowa zlecenia" can be terminated by agreement of the parties. For this, the amount of compensation and other details must be specified in the document on termination of relations, and mutual claims of the parties will not be considered.


Dismissal at the initiative of the employer or employee


Dismissal at one's own will or at the initiative of the employer is also possible in Poland. The legislation does not establish a deadline for notification of termination of the contract. It is important to specify this when concluding the contract to avoid an unpleasant situation.


Both parties may have claims during voluntary or employer termination. Such disputes are resolved in court.

 

How to terminate an employment contract (Umowa o practu)?


This contract is governed by the Labor Code of Poland, so the employee receives maximum protection. We would like to add that this contract can be concluded for a certain period, for an indefinite period and for a trial period.


The first step to terminating the contract is to notify the employer or the employee. The notice period depends on the employee's seniority:


• up to 6 months - it is necessary to notify in 2 weeks;

• from 6 months to 3 years - in 1 month;

• over 3 years - in 3 months.


If the contract is concluded for a trial period, the notice periods are as follows:


• the term of the employee's work is up to 2 weeks - it is required to notify 3 days in advance;

• more than 2 weeks - it is necessary to notify in 1 week;

• 3 months - in 2 weeks.


By agreement of the parties, the working period can be shortened.


After termination of the employment contract, the employee will additionally receive payment for unused vacation days. In some cases, he can receive severance pay if his dismissal was initiated by the employer.


Who is fired without notice?


A person who has been absent from work for a long time without a good reason and who has committed a serious offense or a crime can be dismissed without prior warning.


Who cannot be fired in Poland?


The employer cannot dismiss the following categories of persons:


• a pregnant woman;

• a woman on maternity leave;

• a person on sick leave until the end of the 182-day period.


Is there an employment book in Poland?


In Poland, there is an analogue of the work book called "Świadectwo pracy". After dismissal, it is given to the employee, noting the following information in the document:


• position and term of employment in the company;

• rate;

• vacation and sick days;

• reasons for dismissal.


In "Świadectwo pracy" only factual information is indicated without characteristics of the employee. If the employee notices incorrect data, within 14 days from the moment of receiving it, he must write a statement with a request to correct the data.


What to do after dismissal?


You can register at the employment center to receive unemployment benefits. The period during which the aid will be paid depends on several factors: the initiator of the dismissal, the reason for the dismissal, etc. Usually, benefits are paid to those dismissed at the employer's request for the longest time. The employment center also helps with finding a new job.


Pay attention! In addition to understanding how to terminate an employment relationship, you also need to know the difference between gross and net salary and tax payments in Poland. Learn more about it in our article.

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