it is a unilateral declaration of intent made by one of the parties to the employment relationship that terminates the employment contract at the end of the period indicated in the statement terminating the contract, called the notice period (the notice period is the time after which the employment relationship will end)
This way you can terminate the contract concluded for:
The statement terminating the contract should be submitted in writing (it should be legible and clear). If it is directed by the employer, it should include the reason justifying the dismissal and information about the right to appeal against the dismissal to the labor court. If it does not indicate the notice period, the contract is terminated according to the deadlines specified in the Act, which is as follows: (these are the so-called notice periods)
⇒ The notice period for the employment contract concluded for a trial period is:
⇒ The notice period for an employment contract concluded for an indefinite period and for a definite period depends on the period of employment with the employer and is:
!!! An important issue is that the notice periods can be modified only for the benefit of the employee, so they cannot be shorter, but they can be extended. In addition, the Code indicates that if an employee is employed in a position related to material liability for entrusted property, the parties may extend the notice period accordingly.
The Code also provides for a specific situation of shortening the notice period (up to a maximum of 1 month) of contracts concluded for an indefinite period, if the employer terminates the contract due to
In this case, the employee is entitled to compensation in the amount of remuneration for the remainder of the notice period.
The notice period, i.e. the day on which the notice period ends, must be distinguished from the notice period. The notice period, which includes a week or month (or a multiple thereof), ends on Saturday or the last day of the month, respectively. This means that, for example, the three-month notice period given on August 15 will expire on November 30 - the last day of the third month following notice. The expiry of the three-day period ends on the expiry of the last day, with no account being taken of the date of the declaration of termination.
The most important type of protection is universal protection for an employee employed for an indefinite period. A contract with such an employee can be terminated only:
Regarding the legitimacy of termination, it is an assessment issue not regulated in the Labor Code, also each case should be assessed individually. Numerous case-law on this matter can be helpful.
!!! The justification for terminating an employment contract should be considered not only taking into account the employer's needs (Article 45), but also respecting the interests of the employee diligently and carefully performing employee duties. In particular circumstances, the principles of social coexistence qualifying definitive termination as abuse of law by an employer speak for employee protection.
Judgment SN 28.09 I PKN 398/98
As for union control, she is entitled to: (in other cases the employer is exempted from this obligation)
In the above two situations, the union may or may not take a position, while the employer is obliged to carry out specific procedures (notification in writing to the trade union organization together with the reason justifying the termination of the contract; making a decision after 5 days based on the position of the trade union, or after ineffective expiry of this period if the union has not exercised its right). If a trade union has made a reservation within 5 days, the employer is not bound by it, however, it may constitute an important argument for the employee in the event of an appeal to the labor court.
It is worth noting that the union consultation DOES NOT APPLY to the case
⇒ liquidation
⇒ bankruptcy
⇒ employee layoffs if an agreement has been reached between the employer and the company body trade union organization.
Faulty termination may relate to the lack of a justified reason for termination (so-called unjustified termination) or may violate the provisions governing the procedure for terminating the contract, such as:
shorter notice period than required (in this case the contract is terminated effectively, but only after the correct notice period; the employee is entitled to compensation)
!!! Protection always takes place at the employee's request, never ex officio, which means that in order to effectively assert their rights, the employee must lodge an appeal against the termination of the employment contract (within 21 days of receiving the letter terminating the contract). In this case, the law grants him the opportunity to choose - the dismissed employee may request:
The court also has the power to award damages (despite the employee choosing the first of two claims) if the reinstatement is considered contrary to the socio-economic purpose of the law.
The employee claims will be discussed in more detail below:
Return to work (declaration of ineffectiveness of termination or return to work)
If the notice period is still in progress, the labor court decides on the ineffectiveness of notice termination, whereas if the notice period has expired, the court restores the employee to work on previous terms. So we have two types of judgments issued by a labor court in the event of a claim for recovery of a job:
a decision on the ineffectiveness of termination and a decision on reinstatement to work, where the employment relationship revives without the need to conclude a new contract. In the latter case, you will need to report your readiness to start work immediately. The employee is obliged to submit the above-mentioned statement within 7 days, or after the expiry of this period, if his failure was due to reasons beyond his control. (!!! The employee is required to prove that the deadline was exceeded for reasons beyond his control if he claims that the employer should re-employ him despite the expiry of seven days. Judgment SN 2008.01.14 IIPK 104/07)
It should be remembered that an employee who has been restored to work is entitled to remuneration for remaining unemployed (only if he has taken up work as a result of the restoration). The amount of remuneration:
* Termination of employment as a result of termination of working conditions or pay (termination notice) - in this case, we apply the same rules for terminating an employment contract with some modifications, which I will provide below: Same as for definitive termination, in an agreement concluded for an indefinite period, employer must meet two conditions:
In the event of termination of working conditions or pay, the scope of special protection will be narrower, in cases where the regulations exceptionally allow such termination.
Employee claims: they are the same as for the final termination of the contract, however, the effects depend on the employee's behavior. He may because:
** Exemptions for reasons not pertaining to employees
these are dismissals for reasons attributable to the employer (economic and organizational reasons leading to the reduction of employment or liquidation of some positions) regulated by the Act of 13.03.2003 on special rules for terminating employment relationships with employees for reasons not related to employees. They can be both individual and group, with a special mode of redundancy for the latter (the employer notifies the company trade union organizations and the poviat labor office of the reasons for the dismissals, the number of employees etc; maximum 20 days after being notified, the employer and unions should strive to conclude an agreement , specifying the manner in which dismissals are carried out and the employer's obligations; in the event of disagreement, the employer creates dismissal regulations, and in the absence of establishment trade union organizations, the intention to dismiss and issue regulations is consulted with employee representatives; the employer notifies the labor office again, after which it is possible to terminate , however, the termination of the employment relationship may take place only after 30 days from this notification)
!!! The labor court cannot assess the legitimacy of organizational and economic measures taken by the employer. However, consideration of the justification for termination cannot be limited to this statement.
In order to defend the legitimacy of this activity, the employer making the dismissal for economic reasons concerning him should demonstrate that he has applied objective, fair criteria for selecting the employee for dismissal and took into account all employees affected by the reasons forcing him to terminate the employment relationship.
If rules of conduct have been established, in particular criteria for selecting employees for dismissal, they should be used, and in any case deviations from the adopted rules require very convincing justification.
Judgment of the Supreme Court 2006.08.08 IPK 50/06
It is worth noting that p With this type of dismissal, the legislator lifts restrictions related to special protection, with a few exceptions, which may be terminated in terms of work or pay, while providing a compensatory supplement.
With individual dismissals, the legislator introduces the possibility of an objection by a trade union within 14 days, which in this case prevents the termination of employment, and in the event of impossibility to continue employing, allows the termination of pay or work conditions.
EVERY employee dismissed for unrelated reasons, have the right to CLEARANCE (it is unconditional, even after re-employment with the same employer)
It amounts to:
In any case, the amount of remuneration may not exceed 15 times the minimum remuneration applicable on the date of termination of employment.
In the case of group redundancies, the employer is obliged to re-employ the employee with whom he terminated the employment contract if he employs persons in the same professional group. Such an employee has one year (from contract termination) to report his intention to return to work, and his employment should take place within 15 months of that day. Otherwise, he has a claim against such employer for an employment relationship.