The employment relationship shall expire on the day of death of the employee. After the death of the employee, property rights are transferred in equal parts to the spouse and other persons who meet the conditions required to obtain a survivor’s pension in accordance with the provisions on pensions from the Social Insurance Fund. In the absence of such persons, these rights shall be inherited.
Employment contracts with employees shall expire on the day of the death of the employer. An employee whose employment contract has expired is then entitled to compensation in the amount of remuneration for the notice period. However, the contract does not expire in the event of:
- the employee is taken over by a new employer under the terms of art. 23 1 of the Labor Code
- the establishment of a succession management board upon the death of the employer, in accordance with the Act of 5 July 2018 on succession management of an enterprise of a natural person and other facilities related to the succession of enterprises (Journal of Laws, item 1629 and of 2019, item 1495) , hereinafter referred to as „the Act on the succession management”.
The employment contract expires after 3 months of the employee’s absence from work due to temporary arrest, unless the employer terminated the employment contract earlier without notice due to the employee’s fault. The employer, despite the expiry of the employment contract due to temporary arrest, is obliged to re-hire the employee if the criminal proceedings have been discontinued or if the judgment of acquittal has been passed and the employee has reported his return to work within 7 days of the judgment becoming final. This does not apply to cases where the criminal proceedings were discontinued due to the statute of limitations or amnesty, as well as in the event of conditional discontinuation of the proceedings.
In the event of a breach by the employer of the provisions of the expiry of the employment contract, the employee has the right to appeal to the labor court.