Deadline for termination due to employee’s fault?
In accordance with art. 52 § 2 of the Labor Code in Poland, termination of the employment contract without notice due to the fault of the employee may not take place after 1 month from the employer being aware of the circumstances justifying the termination of the contract.
According to the cited provision, the employer has one month to make a decision on dismissal. Thus, in the fifth week of the incident, the employer cannot terminate the contract on the employee’s fault. If such termination occurs, however, the employee’s claims against the employer will be updated.
Since when do we count the 1 month deadline? This time limit begins to run from the day on which the person authorized to terminate the employment contract or another person belonging – in the light of the organizational chart – to the management of the workplace receives information about such conduct of the employee.
In other words, the term specified in art. 52 § 2 of the Labor Code in Poland did not start running if another employee who was not authorized to terminate the employment contract learned about the circumstances justifying the termination of the employment contract. By the phrase “obtaining by the workplace information” should be understood messages sufficiently tested so that the manager of the workplace can gain a reasonable belief about the wrongdoing of the employee. This may require checking and hearing the employee being charged.
Therefore, if the employer checks the received information immediately and efficiently, in such a situation the deadline should be calculated from the moment of completing the internal verification procedure, verifying the information obtained by the employer about the employee’s behavior.
KSJ Legal Law Firm has extensive experience in matters of labor law, including those regarding unjustified or fictitious termination of the employment contract. We advise at every stage of the proceedings, from the preparation of a legal opinion to obtaining a final decision before the court of second instance.
Labour Lawyer Joanna Susło
KJS Legal Law Firm in Wrocław
Advocate – Wrocław – KJS Legal – Lawyer