{"id":133930,"date":"2026-04-07T13:44:14","date_gmt":"2026-04-07T13:44:14","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=133930"},"modified":"2026-04-07T13:44:14","modified_gmt":"2026-04-07T13:44:14","slug":"poland-employment-and-labour-law","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/poland-employment-and-labour-law\/","title":{"rendered":"Poland: Employment and Labour Law"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-133930","comparative_guide","type-comparative_guide","status-publish","hentry","guides-employment-and-labour-law","jurisdictions-poland"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">HRLS<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/HR-LS-logo_warianty_podstawowe.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">HRLS<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2026\/03\/HR-LS-logo_warianty_podstawowe.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Employment and Labour Law laws and regulations applicable in Poland<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does an employer need a reason to lawfully terminate an employment relationship? If so, state what reasons are lawful in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Poland the employer&#8217;s statement on the notice of termination of a fixed-term employment contract or an indefinite employment contract, or on the termination of an employment contract without notice, should indicate the reason justifying the termination of the contract.<\/p>\n<p>The obligation to indicate the reason for terminating an employment relationship is intended to enable the worker to make an informed decision as to whether to challenge the employer\u2019s decision before the labour court.<\/p>\n<p><strong>Termination of employment with notice<\/strong><\/p>\n<p>It is worth noting that termination of an employment contract with notice is a common way of ending an employment relationship. The reason for terminating an employment contract with notice does not therefore have to be of great importance or significance.<\/p>\n<p>However, it is essential that the reason is genuine, specific, and understandable to the individual worker. The employer may give several reasons for termination and it is sufficient for one of them to be genuine and valid for the termination of employment to be lawful.<\/p>\n<p>There is no exhaustive catalogue of grounds justifying the termination of an employment contract with notice. The legitimacy of such termination must therefore be assessed on a case-by-case basis, taking into account the specific circumstances of each individual case.<\/p>\n<p>The reasons justifying termination of employment with notice may be attributable either to the worker (e.g., conduct or performance-related reasons) or to circumstances independent of the worker, such as the elimination of a given position.<\/p>\n<p><strong>Termination of employment without notice<\/strong><\/p>\n<p>On the other hand, termination of an employment contract without notice due to the worker\u2019s fault constitutes an exceptional mode of ending the employment relationship and may be applied only in strictly defined circumstances. It is permissible when:<\/p>\n<ol>\n<li>the worker has committed a serious breach of their fundamental employment obligations;<\/li>\n<li>during the term of employment, the worker has committed a criminal offence that renders further employment in their position impossible, provided that the offence is manifest or has been confirmed by a final court judgment;<\/li>\n<li>the worker is culpable for the loss of qualifications necessary to perform the duties associated with their position.<\/li>\n<\/ol>\n<p>Terminating an employment contract without notice due to the worker&#8217;s fault should be approached with particular caution, and it is necessary to ensure that the reasons are sufficiently grave.<\/p>\n<p>It should be emphasised that the reasons given as grounds for termination of employment (with or without notice) determine the scope of the dispute before the labour court. The employer is bound by the reasons given to the worker in the notice of termination and may only refer to these reasons in subsequent court proceedings. The employer may not invoke additional reasons justifying the termination of employment before the court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, additional considerations apply if large numbers of dismissals (redundancies) are planned?  How many employees need to be affected for the additional considerations to apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Polish law, large-scale dismissals (redundancies) are governed by the Act of 13 March 2003 on Special Rules for Terminating Employment Relationships for Reasons Not Attributable to Workers (the \u201cCollective Redundancies Act\u201d).<\/p>\n<p>Additional considerations stated in the Collective Redundancies Act apply in the event of collective dismissals provided that:<\/p>\n<ul>\n<li>the employer employs at least 20 workers, and<\/li>\n<li>within a period not exceeding 30 days, the redundancy for reasons not related to the workers (e.g. organisational or economic reasons) affects a specific number of workers.<\/li>\n<\/ul>\n<p>A redundancy qualifies as a collective redundancy if, within 30 days, it affects at least:<\/p>\n<ul>\n<li>10 workers \u2013 if the employer employs fewer than 100 workers;<\/li>\n<li>10% of the workforce \u2013 if the employer employs more than 100 but less than 300 workers.<\/li>\n<li>30 workers \u2013 if the employer employs 300 or more workers.<\/li>\n<\/ul>\n<p>When calculating these thresholds, redundancies by mutual agreement initiated by the employer are also taken into account, provided that they concern at least five workers.<\/p>\n<p>Where the statutory thresholds are met, the employer is required to:<\/p>\n<p>Notify the trade unions operating at the undertaking, or \u2013 in their absence \u2013 worker representatives, of the intended collective redundancies, including in particular the reasons for the redundancies, the number and categories of workers affected, the period over which the dismissals are to occur, the proposed selection criteria, and the proposed method of resolving worker issuses.<\/p>\n<p>Notify the competent District Labour Office of the intended collective redundancies, including in particular the reasons for the redundancies, the number and categories of workers affected, the period over which the dismissals are to occur, the proposed selection criteria.<\/p>\n<p>Conduct consultations with trade unions (or, if there are none, worker representatives) concerning the intention to carry out collective redundancies and the procedure for their implementation within the undertaking, including measures aimed at avoiding or reducing the scale of redundancies and mitigating their consequences.<\/p>\n<p>Conclude an agreement with the trade unions setting out the rules governing the conduct of the collective redundancy process, or, if no agreement is reached within the statutory timeframe of 20 days, as well as if no trade unions operate at the undertaking, establish the relevant rules in internal regulations applicable to workers affected by the collective redundancies.<\/p>\n<p>Notify the competent District Labour Office of the concluded agreement or, as applicable, of the regulations specifying the manner in which the collective redundancies will be carried out, including the number of workers to be made redundant and the reasons for their dismissal, the period during which the redundancies are to be made, and the consultation on the planned collective redundancy with the trade unions or worker representatives.<\/p>\n<p>Upon completion of the above steps and expiry of the statutory waiting periods, issue notices of termination of employment contracts and pay the workers concerned the statutory severance pay to which they are entitled. It is crucial to ensure that workers are selected for redundancy in accordance with the selection criteria adopted in the agreement or regulations.<\/p>\n<p>In practice, the formal requirements related to the collective redundancy procedure take about a month to complete.<\/p>\n<p>Failure to comply with these procedural requirements may result in individual workers successfully challenging collective redundancies before the labour court.<\/p>\n<p>Workers dismissed for reasons not attributable to them are entitled to statutory severance pay. The amount depends on the worker\u2019s length of service with the employer (one, two, or three months\u2019 remuneration). However, the amount of the severance pay may not exceed 15 times the minimum wage.<\/p>\n<p>It is worth noting that certain categories of workers benefit from special protection against dismissal under the Polish Labour Code (e.g. pregnant workers, workers close to retirement age). While they may be covered by the consultation procedure, their employment contracts generally cannot be terminated under standard collective redundancy rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, additional considerations apply if a worker\u2019s employment is terminated in the context of a business sale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Polish labour law, the termination of employment in connection with the sale of an undertaking is primarily governed by Article 23\u00b9 of the Polish Labour Code, which implements the Council Directive on the approximation of the laws of the Member States relating to the safeguarding of workers&#8217; rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (2001\/23\/EC).<\/p>\n<p>In the event of a transfer of an undertaking or an organised part thereof to a new employer (e.g. through the sale of assets), the new employer automatically becomes a party to the existing employment relationships by operation of law.<\/p>\n<p>This means that:<\/p>\n<ul>\n<li>employment contracts remain unchanged;<\/li>\n<li>workers retain their existing terms and conditions of employment;<\/li>\n<li>continuity of employment is maintained;<\/li>\n<li>no new contracts are required.<\/li>\n<\/ul>\n<p>It is worth noting that transfer of a workplace or part thereof to another employer cannot constitute grounds for termination of employment by the employer. This means that the employer (either transferor or transferee) may not lawfully terminate employment solely on the grounds of the transfer. It is also not possible to terminate employment contracts prior to the transfer of the undertaking solely on the grounds that the transferee requires a reduction in the workforce. Any such termination may be challenged before the labour court as unlawful.<\/p>\n<p>Moreover, the transfer of the workplace itself cannot constitute grounds for the employer to worsen the terms and conditions of employment by means of an amending notice, and not only a definitive termination of the employment contract.<\/p>\n<p>However, dismissals may still be effected for economic, organisational or technological reasons, provided that the employer can demonstrate that the reason is genuine and not merely a pretext linked to the transfer.<\/p>\n<p>Importantly, when the statutory thresholds are met, the provisions on collective redundancies may additionally apply.<\/p>\n<p>Unlike employers, for whom terminating employment contracts in connection with the transfer of a workplace involves restrictions, workers have certain advantages in this regard. Within 2 months from the date of transfer, a worker may terminate the employment relationship without notice, upon 7 days\u2019 prior notice.<\/p>\n<p>As a side note, it should be pointed out that the transfer of a workplace, apart from restrictions related to the termination of employment contracts, imposes information obligations on the employer.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do employees need to have a minimum period of service in order to benefit from termination rights?  If so, what is the length of the service requirement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Poland, as a general rule, a worker does not need to complete any minimum period of service in order to benefit from protection against termination of an employment contract.<\/p>\n<p>Pursuant to Article 32 \u00a7 1 of the Polish Labour Code, either party may terminate an employment contract by giving notice.<\/p>\n<p>When an employer terminates an employment contract concluded for a fixed term or an indefinite term, or terminates a contract without notice, the employer must state the reasons for the decision \u2014 irrespective of the worker\u2019s length of service.<\/p>\n<p>The difference in this regard concerns trial period contracts, which are only indirectly related to the length of a workers employment. In the case of trial period contracts, the employer is generally not required to provide reasons for termination. However, if a worker considers that the termination of a probationary contract by notice \u2014 or the application of a measure having an equivalent effect \u2014 was connected with the worker simultaneously being employed by another employer, performing work under another legal relationship, or exercising certain employment rights, the worker may, within 7 days of receiving the employer\u2019s notice (or the equivalent measure), submit a written or electronic request asking the employer to state the reasons for the termination.<\/p>\n<p>Moreover, the worker, regardless of their period of employment, has the right to challenge the termination (with or without notice) before the Labour Court.<\/p>\n<p>Although there is no minimum service requirement for termination protection, the length of service with the employer affects:<\/p>\n<ul>\n<li>the length of the notice period; and<\/li>\n<li>the amount of statutory severance pay in cases where the termination is for reasons not attributable to the worker.<\/li>\n<\/ul>\n<p>It should also be noted that certain categories of workers in Poland benefit from special statutory protection, meaning that termination by the employer is either prohibited or significantly restricted. This applies in particular to:<\/p>\n<ul>\n<li>workers under pre-retirement protection;<\/li>\n<li>pregnant workers;<\/li>\n<li>workers during justified absence (e.g. sick leave or annual leave);<\/li>\n<li>trade union representatives.<\/li>\n<\/ul>\n<p>Each of these protective regimes is subject to specific statutory conditions that must be considered before terminating an employment contract. However, none of them is dependent on the worker\u2019s length of service.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, is the minimum notice period to terminate employment?  Are there any categories of employee who typically have a contractual notice entitlement in excess of the minimum period?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Polish law, notice periods for employment contracts concluded for a definite term and for an indefinite term are regulated by Article 36 of the Polish Labour Code.<\/p>\n<p>The notice period depends on the worker\u2019s length of service with the given employer (the so-called company seniority).<\/p>\n<p>The statutory notice period is as follows:<\/p>\n<ul>\n<li>2 weeks \u2013 if the worker has been employed for less than 6 months;<\/li>\n<li>1 month \u2013 if the worker has been employed for at least 6 months;<\/li>\n<li>3 months \u2013 if the worker has been employed for at least 3 years.<\/li>\n<\/ul>\n<p>It is worth mentioning that notice period expressed in weeks (or multiples thereof) ends on a Saturday. A notice period expressed in months (or multiples thereof) ends on the last day of the month. If the termination notice is submitted on a day other than Saturday or the last day of the month, the actual termination date may be effectively extended due to statutory rules governing notice periods.<\/p>\n<p>Modification of the statutory notice period is permissible if it is more favourable to the worker. According to the case law of the Polish Supreme Court, extending the notice period is generally considered beneficial for the worker However, there are also rulings in which the Supreme Court has recognised that shortening the notice period is beneficial to the worker and therefore permissible. The jurisprudence emphasises that the assessment of the beneficial nature of modifying the statutory notice period must take into account all the circumstances of the case and be assessed on a case-by-case basis.<\/p>\n<p>Modification by extending statutory notice periods in Poland occurs in practice mainly in the highest managerial positions. For example, it happens that top-level managers have a 3-month notice period from the start of their employment with the employer. Furthermore, in Poland, collective labour agreements sometimes provide for a longer notice period in the case of long-term employment with the employer (e.g. a six-month notice period after 20 years of employment). Modification by shortening the statutory notice periods in Poland is in practice extremely rare.<\/p>\n<p>Regardless of the statutory notice periods, after notice has been given by either party, the parties may agree on an earlier termination date. Such agreement does not change the legal mode of termination (it remains termination with notice).<\/p>\n<p>Notice periods for employment contracts concluded for a probationary period are regulated by Article 34 of the Labour Code. They are as follows:<\/p>\n<ol>\n<li>\u00a03 working days \u2013 if the probationary period does not exceed 2 weeks;<\/li>\n<li>\u00a01 week \u2013 if the probationary period exceeds 2 weeks;<\/li>\n<li>\u00a02 weeks \u2013 if the probationary period is 3 months.<\/li>\n<\/ol>\n<p>Moreover, in certain circumstances, the employer may unilaterally shorten the notice period. Under Article 36 of the Labour Code, if a 3-month notice period applies and the employment contract is terminated due to:<\/p>\n<ul>\n<li>the employer\u2019s bankruptcy,<\/li>\n<li>liquidation of the employer, or<\/li>\n<li>other reasons not attributable to the worker,<\/li>\n<\/ul>\n<p>the employer may shorten the 3-month notice period to no less than 1 month.<br \/>\nIn such a case:<\/p>\n<p>the worker is entitled to compensation equal to remuneration for the remaining part of the notice period;<\/p>\n<p>the period for which compensation is paid is included in the worker\u2019s length of service, provided the worker remains unemployed during that period.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to make a payment to a worker to end the employment relationship instead of giving notice?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Polish law, payment of compensation to a worker by the employer instead of giving notice is only possible with the worker&#8217;s consent and requires the conclusion of a termination agreement. Neither the employer nor the worker may unilaterally decide that compensation will be paid to the worker instead of serving the notice period.<\/p>\n<p>In a termination agreement between a worker and an employer, the parties may specify any date for the termination of employment. Usually, in order to persuade a worker to enter into a termination agreement, employers offer compensation payments to workers. The amount of such compensation related to the conclusion of a termination agreement is not regulated by law and may therefore be subject to negotiations between the parties. However, it is worth noting that if the employment contract is terminated for reasons not related to the worker (e.g. liquidation of the position), and the employer employs more than 20 people, the worker will be entitled to severance pay under section 8 of the Collective Redundancies Act, even if a termination agreement has been concluded (in addition to compensation in connection with the termination agreement).<\/p>\n<p>Without the worker&#8217;s consent to sign a termination agreement, the employer must, as a rule, apply the notice period applicable to the worker. Even if the employer unilaterally specified a shorter notice period in the notice of termination, it would be ineffective. Pursuant to Article 49 of the Polish Labour Code, if a notice period shorter than the required period is applied, the employment contract shall be terminated upon expiry of the required period, and the worker shall be entitled to remuneration until the termination of the contract. This applies to both statutory notice periods and notice periods modified in favor of the worker in an employment contract or a collective agreement.<br \/>\nHowever it is worth noting that in some cases, an employer may terminate an employment contract without notice, and the worker is not entitled to compensation (e.g. in the event of a serious breach of basic worker obligations). However, this is an extraordinary way of terminating an employment relationship and should be used by employers with great caution, after a thorough analysis of the case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can an employer require a worker to be on garden leave, that is, continue to employ and pay a worker during their notice period but require them to stay at home and not participate in any work?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Polish law, the admissibility of exempting a worker from the obligation to perform work during the notice period (so called garden leave) is based on Article 362 of the Labour Code.<\/p>\n<p>After receiving or submitting a notice of termination, the employer can unilaterally release the worker from their obligation to work until the end of the notice period. The decision may be made by the employer at any time during the notice period. The worker can&#8217;t object to this decision. Moreover, the employer is not obliged to justify their decision.<\/p>\n<p>This option applies regardless of the type of employment contract (for a trial period, fixed term or indefinite period) and regardless of which party gave notice. The employer may release the worker from work for the entire notice period or only for part of it, depending on their needs. However, the employer should clearly indicate the start and end dates of the release.<\/p>\n<p>Exempting a worker from the obligation to perform work does not constitute termination or amendment of the contract. It is an exercise of the employer&#8217;s managerial authority. Therefore, the employer may revoke this decision at any time without the worker&#8217;s consent, requiring them to return to work.<\/p>\n<p>Under Polish law, an employer cannot oblige a worker to spend garden leave at home. At the same time, given that the employer may revoke the garden leave at any point before the expiry of the notice period and require the worker to resume work, in practice workers typically remain at home during garden leave so that they are available to return to work at the employer\u2019s request. Refusal to work when called upon by an employer who revokes garden leave may constitute a serious breach of basic worker obligations.<\/p>\n<p>During the notice period, the employer may also require the worker to use their outstanding holiday leave without the worker&#8217;s consent (Article 167\u00b9 of the Labour Code). Importantly, exemption from the obligation to perform work (Article 36\u00b2 of the Labour Code) is legally separate from holiday leave. An employer may require a worker to first use up their holiday leave and then place them on garden leave, which may be beneficial for the employer, because if the leave is not used by the date of termination of employment, the worker is entitled to a cash equivalent.<\/p>\n<p>The purpose of placing a worker on garden leave may be to prevent undesirable behaviour after the notice of termination has been given. In practice, especially where the notice period is lengthy, this mechanism is sometimes treated as an additional benefit for the worker. During the period of release, the worker remains entitled to remuneration calculated in accordance with the rules applicable to holiday pay.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does an employer have to follow a prescribed procedure to achieve an effective termination of the employment relationship? If yes, describe the requirements of that procedure or procedures. Is an employee entitled to appeal against their termination?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Polish law, an employer must comply with a prescribed procedure in order to validly terminate an employment relationship. Failure to observe the statutory requirements may render the termination unlawful.<\/p>\n<p>The procedural requirements depend on the mode of termination.<\/p>\n<p>In the case of termination with notice, the employer must submit the declaration in writing. This means that the employer should provide a wet signature or, in the case of workers who use a computer and work email on a daily basis, the statement should bear a qualified electronic signature. In Poland, it is not sufficient to inform a worker of the termination of employment verbally or by email.<\/p>\n<p>If trade unions operate at the employer&#8217;s company, before terminating an employment contract, the employer must ask these organisations whether the worker in question is under their protection. If the trade unions do not respond within 5 days, the employer is exempt from the obligation to consult on the intention to terminate the contract.<\/p>\n<p>If the worker is represented by a trade union organisation, the employer must notify the union in writing of the intended termination and provide the reasons for it. The union has five days to express its opinion. Although the employer is not bound by that opinion, failure to conduct the consultation constitutes a breach of the procedure.<\/p>\n<p>If the contract is concluded for an indefinite or a definite period, the employer is additionally obliged to indicate the reason for termination. The reason must be real, specific and comprehensible to the worker. As a rule, the obligation to indicate the reason does not apply to the trial period employment contracts. The notice must also include information about the worker\u2019s right to appeal to the labour court. Furthermore, the employer must respect the applicable statutory notice period, which depends on the worker\u2019s length of service.<\/p>\n<p>Certain categories of workers enjoy special protection against dismissal (for example pregnant workers, workers in the pre-retirement period, or trade union activists). In such cases termination may be prohibited or subject to additional requirements.<\/p>\n<p>Termination without notice (summary dismissal) is permissible only in strictly defined situations, such as a serious breach of basic workers duties, commission of a crime preventing further employment, or loss of required qualifications. This form of termination must also be made in writing, must state the specific reason, and must be effected within one month from the date on which the employer became aware of the circumstance justifying dismissal.<\/p>\n<p>When terminating the contract, the employer should instruct the worker in writing that they are entitled to challenge the termination with or without notice before a labour court. The time limit for lodging an appeal is 21 days from the date of delivery of the notice of termination or summary dismissal. The worker may seek reinstatement or compensation. The court examines both compliance with procedural requirements and the substantive justification of the termination.<\/p>\n<p>The employer should be able to present documents in any court proceedings initiated by the worker which show that they have complied with the required procedures and that the reasons given for terminating the employment contract or terminating it without notice are genuine.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If the employer does not follow any prescribed procedure as described in response to question 8, what are the consequences for the employer?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Polish Labour Code provides for relatively strict consequences for the termination of an employment contract by an employer in violation of labour law provisions.<\/p>\n<p>An employee whose employment contract has been terminated by notice or without notice may lodge an appeal with the Labour Court within 21 days from the date of receipt of the employer\u2019s declaration.<\/p>\n<p>It is wort noting that the lawfulness of an employer\u2019s declaration terminating an employment contract, whether with notice or without notice, is examined by the Labour Court only if the employee files an appeal. Neither labour courts nor any public administration bodies do not review the legality of dismissals ex officio.<\/p>\n<p>If the court finds that the termination of a fixed-term or indefinite-term contract was unjustified or violated the statutory provisions governing termination, it will \u2013 in accordance with the employee\u2019s claim \u2013 declare the notice ineffective or, if the contract has already expired, order reinstatement to work under the previous terms and conditions or award compensation.<\/p>\n<p>The Labour Court may refuse to grant reinstatement (or declare the notice ineffective) if it determines that reinstatement would be impossible or unreasonable. In such a case, the court awards compensation instead. Furthermore, if before the judgment is delivered the fixed-term contract has already expired, or if reinstatement would be inadvisable due to the short remaining period of the contract, the employee is entitled exclusively to compensation.<\/p>\n<p>Moreover, a worker who resumes work following reinstatement is entitled to remuneration for the period of unemployment; however, this is limited to no more than two months\u2019 remuneration, or one month if the notice period was three months. In the case of employees enjoying special protection (e.g. employees in the pre-retirement period, pregnant employees, or employees on maternity leave), remuneration is payable for the entire period of unemployment. The same applies where termination is restricted under specific statutory provisions.<\/p>\n<p>Compensation for unlawful termination with notice amounts to remuneration for a period between two weeks and three months, but not less than the remuneration for the applicable notice period. In the case of a fixed-term contract that expired before the court\u2019s judgment, or where reinstatement would be inadvisable due to the short remaining term, compensation equals the remuneration for the period until the contract was due to expire, but not more than three months.<\/p>\n<p>If a probationary contract is terminated in breach of the applicable provisions, the employee is entitled solely to compensation. In such a case, compensation corresponds to the remuneration for the period until the contract was due to expire.<\/p>\n<p>If the employer applies a notice period shorter than required by law, the contract is deemed to terminate only upon expiry of the statutory notice period, and the employee is entitled to remuneration until that date.<\/p>\n<p>Where an employment contract is terminated without notice in breach of the statutory provisions, the employee may claim reinstatement under the previous terms or compensation. The court decides which remedy is granted.<\/p>\n<p>An employee reinstated after unlawful summary dismissal is entitled to remuneration for the period of unemployment, not exceeding three months and not less than one month. Compensation for unlawful termination without notice equals the remuneration for the applicable notice period. In the case of fixed-term contracts, compensation equals the remuneration for the remaining period of the contract, but not more than the notice period.<\/p>\n<p>If a fixed-term contract was unlawfully terminated without notice and the term has already expired or reinstatement would be inadvisable due to the short remaining period, the employee is entitled exclusively to compensation.<\/p>\n<p>It should also be noted that labour court proceedings involve the risk of bearing litigation costs by the losing party. For this reason, strict compliance with the formal and substantive requirements governing termination of employment contracts is strongly advisable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How, if at all, are collective agreements relevant to the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The significance of collective labour agreements in the context of termination of employment lies in the fact that their provisions become part of the content of individual employment relationships covered by their scope. Consequently, they may affect the manner and consequences of termination of employment, in particular by granting workers additional rights or imposing specific obligations on the employer.<\/p>\n<p>Collective labour agreements may regulate in particular:<\/p>\n<ul>\n<li>additional formal requirements for termination,<\/li>\n<li>extended notice periods,<\/li>\n<li>additional protection of employment relationships and<\/li>\n<li>additional benefits related to the termination of employment.<\/li>\n<\/ul>\n<p>For example, a collective labour agreement may introduce an obligation to consult trade unions to a broader extent than required under generally applicable laws and may also specify longer time limits for the trade union to present its position.<\/p>\n<p>A collective labour agreement may provide for longer notice periods than those specified in the Polish Labour Code, which is a permissible and, in practice, relatively common solution, particularly in highly unionized sectors such as energy, mining, metallurgy, and transport.<\/p>\n<p>A collective labour agreement may also provide for additional benefits related to the termination of employment, in particular severance payments exceeding the statutory minimum or granted in situations where statutory law does not provide for such payments.<\/p>\n<p>Collective labour agreements frequently also provide additional benefits for workers whose employment is terminated due to restructuring or redundancy, as well as specific benefits for workers retiring or becoming entitled to a disability pension.<\/p>\n<p>Collective labour agreements may therefore affect the termination of the employment relationship in various ways, and the specific issues in this regard are determined by the parties negotiating the agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the employer have to obtain the permission of or inform a third party (e.g local labour authorities or court) before being able to validly terminate the employment relationship? If yes, what are the sanctions for breach of this requirement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are situations in which an employer must inform or obtain the consent of a specific third party before terminating an employment relationship.<br \/>\nFor example, the employer shall notify the workplace trade union organisation representing the worker of the intention to terminate an employment contract concluded for a fixed term or for an indefinite term, stating the reason justifying the termination of the contract.<\/p>\n<p>As regards the requirement to obtain third-party consent, the employer must obtain the trade union\u2019s consent before terminating the employment relationship with a union member designated by a resolution of its management board, or with another person performing paid work who is a member of the given workplace trade union organisation and authorized to represent that organisation in dealings with the employer.<\/p>\n<p>There are also other situations in which the employer must obtain prior consent before terminating employment. This applies to employees performing certain representative or protective functions, such as social labour inspectors, members of a works council, or members of a workers\u2019 council in a state-owned enterprise.<\/p>\n<p>When it comes to collective redundancies, there are information obligations requiring the employer to notify the local labour office in writing with details of planned collective redundancies, including the reasons, number and groups of affected employees, selection criteria, schedule, and proposals for handling related employee matters.<\/p>\n<p>Once a collective redundancy agreement is reached or redundancy regulations are adopted, the employer must also report arrangements concerning the collective redundancy, including the number of employees employed and to be dismissed and the reasons for their dismissal, the period during which the redundancies are to be carried out, as well as the consultation conducted regarding the intended collective redundancy with workplace trade union organisations or with employee representatives.<\/p>\n<p>A notice of termination can be defective if the employer fails to notify the relevant entities or obtain their consent. In such cases, the worker may be reinstated or receive compensation, and employees with special protections &#8211; such as trade union members or employees who are pregnant or on maternity leave &#8211; may be entitled to pay for the entire period of absence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What protection from discrimination or harassment are workers entitled to in respect of the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Among the principles of labour law explicitly stated in the Polish Labour Code are the prohibition of discrimination and the principle of equal treatment. Workers cannot be treated unfairly because of factors like sex, age, disability, race, religion, nationality, political beliefs, trade union membership, sexual orientation, type of contract, or working hours. Importantly, the list of discriminatory grounds is not exhaustive, so other unjustified forms of discrimination are also prohibited. This protection also applies to decisions about terminating employment.<\/p>\n<p>For example, a termination of the employment relationship for a worker who rejects or reports harassment, including sexual harassment, is considered discriminatory and is illegal. Another example is dismissing a worker because they belong to a trade union or because they exercise parental rights.<\/p>\n<p>A worker whose right to equal treatment has been violated is entitled to compensation in an amount not lower than the statutory minimum wage.<\/p>\n<p>A key point is that in cases of unequal treatment, the burden of proof is reversed, meaning that the worker only needs to show that unequal treatment likely occurred, while the employer must prove that their actions were based on fair and lawful reasons.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the possible consequences for the employer if a worker has suffered discrimination or harassment in the context of termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In such a case, the worker may seek compensation for a breach of the principle of equal treatment. The minimum level of such compensation is guaranteed by statute, and additionally, in cases of this kind, it is the employer who bears the burden of proving that their decision was based on objective and lawful grounds.<\/p>\n<p>Secondly, if the termination itself was unjustified or violated the provisions governing the termination of employment contracts (for example, due to the lack of a genuine and specific reason for dismissal), then &#8211; independently of any claims related to a breach of the principle of equal treatment &#8211; the worker may request that the labour court declare the notice of termination ineffective or, if the employment has already ended, order reinstatement to their previous position or award compensation.<\/p>\n<p>Accordingly, if the real reason for the dismissal was discriminatory in nature, the court may challenge the validity of the termination and order the worker\u2019s reinstatement or the payment of compensation.<\/p>\n<p>In practice, the employer should consider the possibility that the worker may file a complaint with the National Labour Inspectorate, which may result in an inspection regarding compliance with labour law provisions and the application of appropriate measures available to the National Labour Inspectorate.<\/p>\n<p>Reputational damage should also not be overlooked. Cases involving discrimination or harassment, particularly if they reach the courts, the media, or enter the public sphere, may adversely affect the employer\u2019s reputation &#8211; both as a business partner and as an employer on the labour market.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are any categories of worker (for example, fixed-term workers or workers on family leave) entitled to specific protection, other than protection from discrimination or harassment, on the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Poland, certain groups of workers are given special protection against termination of employment. These rules are designed to prevent unfair dismissals, especially for employees in vulnerable situations or those carrying representative functions.<\/p>\n<p>Key examples include:<\/p>\n<ul>\n<li>a worker who is no more than four years away from reaching retirement age, provided that their period of employment allows them to qualify for a pension upon reaching that age,<\/li>\n<li>a worker who is on leave or temporarily absent for a justified reason and for whom the period allowing termination without notice has not yet expired,<\/li>\n<li>pregnant workers and workers on maternity leave<\/li>\n<li>\u00a0workers on parental leave,<\/li>\n<li>trade union member designated by a resolution of the union\u2019s management board, or another worker who is a member of the workplace trade union and authorized to represent that organisation in dealings with the employer,<\/li>\n<li>social labour inspectors,<\/li>\n<li>members of works councils or workers\u2019 councils.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are workers who have made disclosures in the public interest (whistleblowers) entitled to any special protection from termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No retaliatory actions may be taken against a whistleblower, in particular termination or dismissal without notice.<\/p>\n<p>However, this does not mean that a whistleblower cannot have their employment terminated. It simply means that the reason for termination cannot be connected to the disclosure, as that would constitute an unlawful retaliatory action by the employer.<\/p>\n<p>The employer bears the burden of proving that the termination of a whistleblower\u2019s employment was not a retaliatory measure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In the event of financial difficulties, can an employer lawfully terminate an employee\u2019s contract of employment and offer re-engagement on new less favourable terms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In general, an employer may terminate a worker\u2019s employment due to their own financial difficulties, but this is not a special type of notice &#8211; it is a standard termination, meaning the employer must comply with all legal requirements that apply to any notice, regardless of the reason.<\/p>\n<p>In situations where an employer wants to change a worker\u2019s terms of employment or pay, they usually do not terminate the existing contract and conclude a new one.<\/p>\n<p>Instead, the change is made either by entering into a change agreement or by issuing an amending notice, as explained in more detail below.<\/p>\n<p>Changes to the terms of an employment relationship can be made in one of two ways:<\/p>\n<ul>\n<li>by concluding a change agreement, which requires the consent of both parties, or<\/li>\n<li>through an amending notice issued by the employer.<\/li>\n<\/ul>\n<p>In one case, the employer and worker can agree on the new conditions directly through a change agreement, which allows the contract to be modified consensually without using a notice of change.<\/p>\n<p>If the employer does not want to conclude a change agreement, or the worker does not agree to it, the employer can issue an amending notice.<\/p>\n<p>Amening notice allows the employer to propose modifications to certain terms of the contract e.g. working hours, job duties, place of work or remuneration.<\/p>\n<p>The worker then has a choice &#8211; they may accept the proposed changes, in which case the contract continues under the new terms, or reject them.<\/p>\n<p>If a worker refuses the proposed changes to their working conditions or pay, the employment contract terminates at the end of the notice period.<\/p>\n<p>If the worker does not submit a statement of refusal before half of the notice period has passed, it is considered that they have accepted the proposed conditions. The employer\u2019s notice proposing changes to working conditions or pay must include information about this rule. If the notice does not contain such information, the worker may submit a statement of refusal until the end of the notice period.<\/p>\n<p>The employer must, however, keep in mind that there are certain groups of workers against whom a notice of change cannot be issued if it would worsen their working conditions or pay, or that such a change may require the consent of a third party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, risks are associated with the use of artificial intelligence in an employer\u2019s recruitment or termination decisions? Have any court or tribunal claims been brought regarding an employer\u2019s use of AI or automated decision-making in the termination process?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The use of artificial intelligence in recruitment or termination decisions carries several potential risks. These include, in particular, discrimination or unequal treatment. The risks may relate to lack of transparency, when errors or biases in the algorithms could lead to unfair outcomes or inconsistent treatment of candidates.<\/p>\n<p>There is also a risk of breaches of data protection. AI systems may conduct background research and obtain information that an employer is not legally permitted to request from a candidate pursuant to Article 22(1) of the Labour Code, and subsequently rely on such information in the decision-making process.<\/p>\n<p>In the context of legal claims, this is still a relatively new area. As of today, there is no publicly available information on whether any claims have been brought in Polish courts regarding an employer\u2019s use of AI or automated decision-making in the recruitment or termination process. This does not, however, mean that such cases are not ongoing or will not be brought in the future &#8211; particularly given that similar situations are occurring globally.<\/p>\n<p>However, if AI-based decisions result in discrimination, unequal treatment, or other violations of labour law, this could form the basis to seek compensation through the courts. If the use of AI leads to breaches of data protection, affected candidates may file a complaint with the relevant supervisory authority responsible for data protection.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What financial compensation is required under law or custom to terminate the employment relationship? How is such compensation calculated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Severance pay<\/strong><\/p>\n<p>The severance pay is granted if an employer employing at least 20 workers is required to terminate employment relationships for reasons not related to the workers, either by notice given by the employer or by mutual agreement of the parties, provided that (within a period not exceeding 30 days) the redundancies involve at least:<\/p>\n<ul>\n<li>10 workers &#8211; if the employer employs fewer than 100 workers;<\/li>\n<li>10% of the workers \u2013 if the employer employs at least 100, but less than 300 workers;<\/li>\n<li>30 workers \u2013 if the employer employs 300 workers or more.<\/li>\n<\/ul>\n<p>Please note that similar rules as described above also applies if the reasons are not related to the worker and constitute the sole grounds justifying the termination of the employment relationship by notice or mutual agreement of the parties (in such case, the numerical thresholds referred to above does not apply).<\/p>\n<p>The worker is entitled to severance pay in the amount of:<\/p>\n<ul>\n<li>one month\u2019s remuneration, if the worker has been employed by the given employer for less than 2 years;<\/li>\n<li>two months\u2019 remuneration, if the worker has been employed by the given employer for between 2 and 8 years;<\/li>\n<li>three months\u2019 remuneration, if the worker has been employed by the given employer for more than 8 years.<\/li>\n<\/ul>\n<p>Severance pay shall be calculated in accordance with the rules applicable to determining the cash equivalent for annual leave. However, please note that the amount of severance pay may not exceed fifteen times the statutory minimum remuneration for work.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can an employer reach agreement with a worker on the termination of employment in which the employee validly waives his rights in return for a payment? If yes, in what form, should the agreement be documented?  Describe any limitations that apply, including in respect of non-disclosure or confidentiality clauses.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, a worker cannot effectively waive their rights in exchange for payment. Employers frequently provide employees with additional voluntary compensation pursuant to a mutual agreement between the parties. However, such compensation is intended to encourage the employee to enter into the agreement and does not constitute a waiver of any rights.<\/p>\n<p>In practice, concluding a mutual agreement may significantly limit the worker\u2019s ability to appeal the termination of the employment contract to a labour court, but it does not completely exclude it. It is assumed that the worker had time and the opportunity to review the terms of the mutual agreement, participated in negotiations regarding them and declares that the provisions included therein are beneficial to them. To ensure better protection of the employer\u2019s interests it is recommended to explicitly include such provisions in the mutual agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to restrict a worker from working for competitors after the termination of employment? If yes, describe any relevant requirements or limitations.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, it is possible to restrict a worker from working for competitors after the termination of employment. This occurs when the employer and a worker have an agreement regarding access to particularly important information, the disclosure of which could cause harm to the employer.<\/p>\n<p>The employer may require the worker to comply with a non-compete obligation after the termination of employment for a specified period (the regulations do not define such period, however, market practice shows that it usually lasts from six months to two years). In this regard parties may conclude a separate agreement or include the relevant provisions in the employment contract.<\/p>\n<p>For the period of compliance with the non-compete obligation after termination of employment, the employer is required to pay the worker compensation in an amount not lower than 25% of the remuneration received by the worker prior to the termination of employment, for a period corresponding to the duration of the non-compete obligation (the compensation may be paid in monthly installments).<\/p>\n<p>If the compensation is not paid, the worker is not obliged to comply with the non-compete obligation.<\/p>\n<p>Please note the non-compete clause may not be drafted so broadly that it effectively prevents the worker from taking up any employment during that period. Its provisions must be limited exclusively to activities that are competitive in relation to the former employer (i.e. the employer\u2019s statutory and\/or actual business activities).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to restrict a worker from soliciting customers or clients, or employees of the employer, after the termination of employment? If yes, describe any relevant requirements or limitations (including any payments that must be made to the worker for the restriction to be valid and enforceable).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, it is possible to restrict a worker from soliciting customers or clients, or workers of the employer after the termination of employment.<\/p>\n<p>Such provisions are usually included directly in the employment contract. The worker is not entitled to any compensation for complying with this restriction. Similarly to post-termination non-compete obligations, such a restriction cannot apply to the worker indefinitely (market practice shows that it usually lasts up to two years, except for information considered trade secrets, the disclosure of which could be detrimental to the employer).<\/p>\n<p>In some cases, if a worker breaches the post-termination non-solicitation or non-customer interference clauses, he\/she may be required to pay the employer a contractual penalty (payable regardless of any actual damage proven or suffered by the employer as a result of the worker\u2019s breach of the aforementioned obligation). Such provisions do not, however, restrict the employer\u2019s right to seek damages exceeding the amount of the contractual penalty in accordance with the general provisions of the Civil Code.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can an employer require a worker to keep information relating to the employer confidential after the termination of employment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, an employer can require a worker to keep information relating to the employer confidential after the termination of employment.<\/p>\n<p>Such provisions are typically included directly in the employment contract. The worker is not entitled to any compensation for complying with this restriction. Similarly, as with the post-termination non-compete obligation, this restriction cannot apply to the worker indefinitely (market practice shows that it usually lasts from six months to two years).<\/p>\n<p>In cases where a former worker breaches the duty of confidentiality, the employer has a right to claim damages in accordance with the general provisions of the Civil Code.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are employers obliged to provide references to new employers if these are requested?  If so, what information must the reference include? What duties apply to employers giving references?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, in Poland, employers are not legally obliged to provide references to new employers.<\/p>\n<p>Moreover, in Poland, employers are not permitted to conduct background checks beyond the information expressly indicated in the employee&#8217;s CV. Contacting a previous employer to gather further information about the worker is therefore prohibited, which is also related to data protection regulations.<\/p>\n<p>While there is a common practice for employers to issue references when asked by workers, but there is also no statutory requirement mandating them to do so.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, in your opinion, are the most common difficulties faced by employers in your jurisdiction when terminating employment and how do you consider employers can mitigate these?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Reason for termination<\/strong><\/p>\n<p>Many employers have difficulties properly formulating the reason for termination &#8211; they often fail to provide specific examples of behaviors or situations that justify the decision (presenting the reason in a general or imprecise manner). This can lead to situations where the dismissal is challenged by the worker in labour court.<\/p>\n<p>To mitigate these issues, employers should:<\/p>\n<ul>\n<li>carefully document all instances of non-performance or improper performance of duties by the worker;<\/li>\n<li>describe the reason for dismissal as accurately as possible to minimize the risk of misunderstanding by the worker (providing examples of breaches of duties, including the time when they occurred).<\/li>\n<\/ul>\n<p><strong>Failure to comply with statutory deadlines<\/strong><\/p>\n<p>Termination of the employment contract without notice for reasons attributable to the worker cannot occur later than one month after the employer becomes aware of the circumstances justifying the termination. In practice, employers often disregard the statutory time limits &#8211; which renders the termination of the contract unlawful.<\/p>\n<p>To mitigate these issues, employers should:<\/p>\n<ul>\n<li>exercise caution and ensure strict compliance with statutory deadlines in order to protect from potential disputes and to ensure that all termination procedures are conducted lawfully and fairly.<\/li>\n<\/ul>\n<p><strong>Obligation to carry out consultations with trade unions<\/strong><\/p>\n<p>The employers often fail in their obligation to notify the workplace trade union representing the worker of the intention to terminate a fixed-term or indefinite-term employment contract (specifying the reason justifying the termination).<\/p>\n<p>If an employer fails to notify the organisation and proceeds to terminate the employment contract of such a worker, there is a high risk that the worker will sue the employer in court and win the case due to the failure to fulfill the formal obligation. In such situations, the court may consider the termination procedurally invalid, which can result in the employer being ordered to reinstate the worker or pay compensation.<\/p>\n<p>To mitigate the issue, employers should:<\/p>\n<ul>\n<li>fulfill the consultation duty \u2013 however, the decision to terminate the employment contract remains solely with the employer (who may make it after taking the trade union\u2019s position into account or if the union fails to provide its position within the specified period).<\/li>\n<\/ul>\n<p><strong>Worker claims related to workplace bullying<\/strong><\/p>\n<p>From our experience, we have observed that workers increasingly raise claims related to workplace bullying when their employment contracts are terminated. This trend may be driven by a growing awareness of workers\u2019 rights, as well as the potential for higher compensation or legal remedies in cases where harassment or bullying has occurred.<\/p>\n<p>To mitigate the issue, employers should:<\/p>\n<ul>\n<li>be particularly diligent in documenting the reasons for termination and in conducting thorough investigations of any reported misconduct;<\/li>\n<li>ensure that all procedures are fair and transparent in order to minimize the risk of such claims.<\/li>\n<\/ul>\n<p><strong>Long-term absence of a worker<\/strong><\/p>\n<p>In Poland, a worker may be absent from work due to illness for up to 182 days (or 270 days \u2013 in case of tuberculosis (rare)), which is considered a justified absence.<\/p>\n<p>During this time, the employer cannot terminate the employment contract (unless it concerns a serious breach of worker obligations), meaning that the employer must wait until the worker returns from sick leave. Moreover, termination due to long-term absence can only occur after the 182-day (or 270-day in exceptional cases) period and (if applicable) an additional three months of rehabilitation benefits (or if no application for such benefits has been submitted).<\/p>\n<p>Such a situation significantly delays the termination of the employment relationship with the worker and creates organisational challenges for the employer.<\/p>\n<p>To mitigate the issue, employers should:<\/p>\n<ul>\n<li>terminate the employment contracts of multiple workers on the same day (e.g. back-to-back meetings) rather than individually on separate days, in order to prevent them from communicating with each other and sharing information about potential dismissals;<\/li>\n<li>serve the notice of termination to the worker, followed by a proposal to conclude a mutual agreement. Otherwise, the worker may become aware of the employer\u2019s intention to terminate the employment relationship, leave the meeting and go on sick leave.<\/li>\n<\/ul>\n<p><strong>Incorrect selection of employees for dismissal<\/strong><\/p>\n<p>When reducing the number of positions, it is not sufficient to state in the notice of termination that a position is being eliminated. The notice should also clearly indicate the criteria used to select the worker for dismissal from the relevant group.<\/p>\n<p>When choosing workers for dismissal for reasons unrelated to their individual performance, the employer should compare all employees performing similar work (keeping in mind the scope of duties rather than job titles, ensuring a fair assessment). Based on this comparison, the employer determines which employee ranks lowest according to the established criteria.<\/p>\n<p>Based on our experience, employers often fail to conduct proper comparisons and rely on inappropriate criteria, which are difficult to substantiate in the event of legal proceedings. Selection criteria must be objective and non-discriminatory \u2013 they typically include commitment, experience and length of service, suitability for the position, education and qualifications and performance results.<\/p>\n<p>To mitigate the issue, employers should:<\/p>\n<ul>\n<li>accurately identify the relevant group \u2013 considering the scope of duties performed by given workers rather than merely job titles;<\/li>\n<li>determine objective and relevant criteria for worker selection that will be objective and non-discriminatory.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are any legal changes planned that are likely to impact the way employers in your jurisdiction approach termination of employment? If so, please describe what impact you foresee from such changes and how employers can prepare for them?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Inclusion of additional periods of dervice in calculating length of notice<br \/>\nAs of January 1, 2026 (in the public sector) and May, 1 2026 (in the private sector), the rules governing the calculation of length of service have changed. From those dates, periods of cooperation with a given employer under self-employment, a mandate contract or an agency agreement (as well as cooperation performed in connection with such agreements) are included in the length of service with that employer (provided that pension, disability or accident insurance contributions were paid) \u2013 what has a direct impact on the determination of notice periods.<\/p>\n<p>Consequently, when calculating the applicable notice period, employers must take into account not only periods of employment under an employment contract, but also periods of cooperation on the alternative legal bases described above.<\/p>\n<p>The employer is required to update employment-related entitlements where it holds documentation confirming additional periods now included in the length of service:<\/p>\n<ul>\n<li>if the worker submits such documentation; or<\/li>\n<li>if the employer previously engaged the worker under a contract that is now counted towards length of service under the new regulations (and still retains documentation relating to that contract).<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">9422<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/133930","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=133930"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}