Oral termination of employment contract
In practice, there are many cases where the employer first terminates the employment contract in writing, and a few days later – in the second letter, gives the reason for the notice. Is this way of terminating the employment contract?
From the literal wording of the provision of art. 30 § 4 of the Labor Code – the employer should terminate the employment contract in the form of a statement in one letter. Therefore, it should be assumed that the employer violates this article if he gives notice in one letter and gives the reason in another – later.
However, in one of its judgments, the Supreme Court indicated that the employer may state the reason justifying termination of the employment contract in a separate letter delivered to the employee earlier or simultaneously with the letter containing the termination of the contract (reference number I PKN 331/98). Subsequently, an indication of the reason by the employer will be treated as no reason, otherwise the employment contract will be fictitiously terminated.
Another issue is the admissibility of terminating an employment contract orally. Although the Labor Code mentions written notice, it does not mean that oral dismissal is ineffective. It is worth remembering that the oral termination of the employment contract is effective and has legal effects, e.g. the notice period and the deadline for seeking redress against a former employer. The same applies to the possibility of verbally concluding an employment contract.
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.
Attorney-at-law Joanna Susło
KJS Legal Kancelaria Adwokacka – Law firm in Wrocław
Advocate – Wrocław – Labour law