Termination of the employment contract

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Termination of employment

ATTENTION!
automatic translation from Polish

Based on: Dz. U 1998.21.94 Labor Code;
L. Florek, T. Zieliński, Labor Law, BECK Publishing House, Warsaw 2008

The employment relationship may terminate by termination by one or both parties, or by termination due to certain events, legal acts or by virtue of the law itself.

One of the easiest ways to terminate an employment relationship is to end it by AGREEMENT. It is about making consistent declarations of intent by the employee and the employer aiming to terminate the employment relationship within a specified period.

The initiative may be brought by both the employee and the employer, however, due to the fact that it depends solely on the will of the parties, the employee is not entitled to a claim against the employer to submit a given statement in this regard.

This method may apply to any employment contract, and the actual dissolution occurs within the time limit set by the parties (at the time of conclusion of the agreement or at any later date - the parties may modify it at will).

!!! however, the contractual clause authorizing the employer or employee to terminate the employment relationship with immediate effect, without providing a reason, based on an agreement of the parties is void: cf. SN 15.5.1994 (I PZP 14/94 OSNPiUS 1994, No. 3, item 40)

Another way to terminate the employment relationship is a SINGLE-SIDED STATEMENT OF WILL, i.e. a unilateral legal act aimed at terminating the employment relationship.

It can take the form

  1. termination of the contract, i.e. its termination within a certain period of time
  2. immediate termination of the so-called termination of the employment contract without notice.
  3. there is also termination of the employment contract with a few days' notice on the part of the employee, but only in exceptional cases specified by law.

(the above-mentioned issues will be presented in more detail later)

In addition, the employment relationship expires due to other non-legal events. They can be divided into those depending on the will of the parties such as: the passage of time, completion of work, expiry of the term of office, or those independent of the will of the parties - for example: the death of an employee or a 3-month absence due to arrest. In such cases, the employment relationship expires when the event occurs.



  1. Termination of the employment contract
  2. Termination of the employment contract without notice
  3. Expiration of employment relationship
  4. Termination of the employment contract by agreement of the parties