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ARTICLE · 06 MAY 2025

How To Handle Unfair Dismissal Claim?

Terminating an employee can be a complex matter that carries a risk of an unfair dismissal claim against the employer, no matter how careful the company may be.

PolandEmployment and HR

Terminating an employee can be a complex matter that carries a risk of an unfair dismissal claim against the employer, no matter how careful the company may be. When letting an employee go, it is important that it is done legally and, in a fair, just and reasonable manner.

Under Polish law, employment contracts can be terminated by the employer either for reasons attributable to the employee (so termination due to employee's fault) or for reasons not attributable to the employee (so termination without employee's fault).

In terms of termination due to employee's fault, this is usually negative assessment of their work. This includes usually poor performance, a failure to comply with instructions of superiors, improper conduct or loss of confidence. If the employer is planning to give notice to the employee for any of the above-mentioned reasons, he should prepare the termination letter and hand it over to the employee. What is specific for Polish law, is that

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