Article

25, 36

Description

The notice period for terminating all types of employment contracts (permanent, fixed-term, probationary) depends on the employee's length of service with the employer.

Two weeks' notice is required if the employee has been employed for less than six months, and one month's notice if the employee has been employed for at least six months. If the employee has been employed for at least three years, three months' notice should be given.

The probationary contract can be for a maximum of three months. Another probationary contract can only be signed with the same employee:

• if it concerns another job,
• after 3 years.

The probationary contract can be terminated with a notice period of

• 3 working days if the probationary period does not exceed 2 weeks;
• 1 week if the probationary period is longer than 2 weeks;
• 2 weeks if the probationary period is 3 months.

In the case of collective dismissal, the notice period is the same. The notice period can be extended in the employment contract or collective agreement, but in an asymmetrical way, i.e. it can only be extended for situations where the contract is terminated by the employer and not by the employee.

Commentary

Unifying the notice period for all kinds of employment contracts (excluding probationary period) was introduced in 2016 after the trade union NSZZ Solidarnosc had complained to the European Commission for improper implementation of the Fixed-term Work Directive 90/77/EC in Poland.

Additional metadata

Cost covered by

None

Involved actors other than national government

National government

Involvement (others)

None

Thresholds

Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

• Ius Laboris (2011), Individual Dismissals Across Europe, Brussels.
• Ius Laboris (2009), Collective Redundancies Guide, Brussels.
• Labour Code (in Polish)
• NSZZ Solidarnosc, Skarga dot. umow na czas okreslony