Termination of the employment contract

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

Expiration of employment relationship

Termination of the employment relationship in connection with the occurrence of an event that is not a legal act, but under the law has such an effect; is independent of the will of the parties.

Here are the cases that will result in the termination of employment due to its termination:

• expiry of an employee's three months' absence due to temporary detention
• death of the employer; the relationship expires if the employee is not taken over by the new employer
• employee death

The moment of termination of the employment relationship is the moment of occurrence of the event

In the first case, the employer is required to re-employ the employee if the criminal proceedings were discontinued or when the acquittal was passed and the employee reported his return to work within 7 days of the decision becoming final, unless the criminal proceedings were discontinued due to prescription or amnesty, as well as in the event of conditional discontinuation of proceedings.

Employee's claims: If the employer violates the provisions of this branch, the employee has the right to appeal to the labor court, with the provisions regarding termination of employment without notice.

III. Obligations of the employer due to termination of employment.

    ⇒ Granting dismissal for job seeking

    ⇒ Issuing a work certificate

The right to dismissal arises upon the commencement of the notice period, while the dismissal is subject to the right to remuneration.

The exemption dimension is:

• 2 business days - two weeks' notice and one month's notice,
• 3 working days - during three months' notice, also if it is shortened

The employment certificate is a document that the employer should immediately issue to the employee in connection with the termination or expiration of the employment relationship. (In the event of termination or expiry of the employment contract with the employee with whom the current employer enters into another employment contract immediately after the termination or expiry of the previous employment contract) work, the employer is obliged to issue the employee a work certificate, only at his request.)

It should provide information on:

• the period and type of work performed,
• positions held,
• the mode of termination or the circumstances of termination of the employment relationship,
• as well as other information necessary to determine employee and social security entitlements.

In addition, mention shall be made of the attachment of remuneration for work in accordance with the provisions on enforcement proceedings.

At the employee's request, the employment certificate should also include information on the amount and components of remuneration and acquired qualifications.

Employee claims:

An employee may, within 7 days of receiving a work certificate, request an employer to rectify the certificate. If the application is rejected, the employee has the right, within 7 days of notification of refusal to rectify the employment certificate, to request that it be corrected by the labor court.

In addition, the employee is entitled to compensation for damage caused by the employer as a result of failure to issue within the time limit or issue of an incorrect work certificate. The above compensation is due in the amount of remuneration for remaining unemployed for this reason, however not longer than 6 weeks.

If the decision of the labor court shows that the termination of the employment contract with the employee without notice due to his fault occurred in violation of the provisions on termination of employment contracts in this mode, the employer is obliged to include in the employment certificate information that the employment contract was terminated with notice made by the employer.

!!! The employee is entitled to compensation for damage caused by the workplace as a result of issuing an incorrect employment certificate irrespective of compensation awarded to him due to the unlawful termination of the employment contract by the workplace without notice

However, compensation for the period of unemployment due to the issue of an incorrect employment certificate can only be awarded to the extent of compensation not compensated by the compensation awarded for the unlawful termination of the employment contract without notice.

Uch SN 1976.07.13 (I PZP 22/76)