Tag: wypowiedzenie

How to count the notice period?

An employment contract in Poland can be terminated:

1) by agreement of the parties

2) by declaration of one of the parties with a notice period (so-called termination of the employment contract with notice)

3) by declaration of one of the parties without notice (termination of the employment contract without notice)

4) with the passage of time for which it was concluded.

It is worth specifying that the notice period begins to run from the moment the employee or employer makes a declaration of intent. Declaration of each party on the termination or termination of the employment contract without notice should be made in writing. Importantly, the employee has no right to refuse to accept the employer’s statement of termination of the employment contract.

The employee’s possible claims in the event of dismissal are another matter. Pursuant to the Labor Code, the notice period for an employment contract comprising a week or month or a multiple thereof ends on Saturday or the last day of the month, respectively. This means that the notice period in weeks will always end on Saturday.

However, if the employee terminates the employment contract with a weekly period other than Saturday, the employment relationship will end after a longer period, because at least one full week must end from Saturday to Saturday.

On the other hand, if the employment contract is terminated for a month, the contract will end on the last day of the month. However, the month in which the statement was made does not count. By way of example, if the notice period is 1 month, by making a statement on August 1, the contract will terminate on September 30.

KSJ Legal law firm successfully conducts many labor law cases. We advise at every stage of the proceeding, starting from an attempt to resolve the case amicably to obtaining a final decision and execution before law enforcement authorities.

Attorney-at-law Joanna Susło

KJS Legal Kancelaria Adwokacka – Law firm in Wrocław

Tel. 668-841-990

[email protected]

Advocate – Wrocław – Labour Law in Poland

Sick leave on notice

It happens that an employee who has received from the employer a declaration of termination of an employment contract would like to go on sick leave during the notice period. The question is, is such an employee “on sick leave” entitled to sick leave? Is going to L4 legal? Will it extend the notice period?

First of all, it is worth knowing that an employee has the right to go on sick leave during dismissal. Being also on L4, he can make an employer’s declaration of termination of the employment contract. Secondly, being on sick leave does not affect the notice period.

This means that if you go on sick leave, you will not extend the notice period. However, if the employee went on sick leave before the employer receives a notice of termination of the employment contract, the employer must wait with the dismissal until the employee returns to work.

You cannot fire an employee who is absent from work. The employee is entitled to sick pay for “sick” time, ie up to 33 days of illness, and then sickness benefit. If L4 is longer than the notice period, the employer after the end of this period will forward the employee’s documents related to sick leave to ZUS.

However, the employer cannot extend the notice until the end of sick leave. The course of the notice period is also not affected by an employee filing an appeal against dismissal with the Labor Court. However, the employer has the right to release the employee from the obligation to perform work during the period of notice, without stating the reason for his decision, which may indicate the employer’s fear of the employee’s competitive activity.

KSJ Legal Law Firm successfully represents employees before labor courts. We advise at every stage of the proceeding, starting from an attempt to resolve the case amicably to obtaining a final decision and execution before law enforcement authorities.

Attorney-at-law Joanna Susło

KJS Legal Kancelaria Adwokacka – Law firm in Wrocław

Tel. 668-841-990

[email protected]

Advocate – Wrocław – Labour Law in Poland

Lack of discipline as a reason for termination of the employment contract

The employer must indicate the reason justifying the dismissal in the statement terminating the employment contract with the employee. However, this only applies to contracts concluded for an indefinite period.

Lack of indication of the reason opens the employee’s way to bringing an appeal to the labor court. If the reason was indicated in the statement, sometimes there may be doubts as to its content, e.g. is the reason specific enough? Is the reason for termination fictitious? “Lack of employee discipline”. Is this wording correct?

To answer this question, first look at the personal files of the employee. This is where all information about the current employment history, prizes and penalties as well as other relevant annotations should be placed.

Let’s assume that in the employee’s personal file, there is an annotation of the employer that the employee was late for work twice – 25 minutes and 45 minutes, respectively. In such a situation, was the employer entitled to dismiss the employee, and as the reason write only “lack of work discipline”? In the light of current case-law, this question should be answered in the affirmative, because the reason for the dismissal was also due to other circumstances – i.e. the employee’s personal file.

Due to the fact that the documents supplementing the reason for termination are in the employee’s personal file, the employer is somehow exempted from describing in detail the reasons for terminating the employment contract in the declaration itself. In such a situation, it is assumed that the employee must have been aware of his previous reprehensible behavior, which led to termination of his employment relationship. Of course, it may happen that the employer only after the fact – for the proceedings before the labor court – will complete the personal file, e.g. documents testify that an employee has been warned or reprimanded.

However, such evidence can be challenged. The employer should prove the fact of not only posting but also receiving by the employee each reminder / reprimand.

KJS Legal law firm has extensive experience in conducting employee welding. We assist at every stage of the proceedings. Fighting unjustified termination of employment contracts is one of the most common cases in which we represent employees.

Attorney-at-law Joanna Susło

KJS Legal Kancelaria Adwokacka – Law firm in Wrocław

Tel. 668-841-990

[email protected]

Advocate – Wrocław – Labour Law in Poland