Poland Employment Guide

Understanding Legal Grounds for Employee Dismissal in Poland

As an international HR specialist, I frequently encounter questions about lawful termination procedures. Polish labor law provides clear frameworks for employee dismissal, balancing employer flexibility with robust worker protections.

Valid Reasons for Employment Termination

Employers may legally terminate employment contracts based on several categories:

• Performance and Conduct Issues: Documented policy violations, consistent underperformance, or serious breaches of fundamental duties (e.g., unexplained absences, intoxication at work)
• Health and Capability Concerns: Extended illness or medical conditions preventing job performance, including mandatory quarantine periods
• Economic and Organizational Restructuring: Genuine business difficulties, operational changes, or workforce reductions
• Mutual Agreement: Consensual termination through negotiated settlement between employer and employee

Special Considerations for Economic Redundancies

Economic layoffs require meticulous documentation and procedural compliance. For instance, a manufacturing company implementing workforce reduction must provide:

• Financial evidence such as audit reports or bankruptcy rulings
• Organizational restructuring plans approved by corporate governance
• Documented consultations with worker representatives (minimum two meetings)
• Thirty-day advance written notice to both employees and labor authorities

Protected Categories and Prohibited Dismissals

Polish law explicitly prohibits termination based on discriminatory grounds including gender, race, religion, nationality, age, marital status, or disability. Additional protections apply to employees during pregnancy, parental leave, or approaching retirement age. Dismissals during statutory leave periods or medical absences generally require exceptional justification.

Termination Procedures and Notice Periods

Proper dismissal requires formal written notification in Polish language specifying the reason, legal basis, and effective date. Notice periods vary by tenure:

Unionized employees require additional consultation procedures with worker representatives.

Severance Compensation Requirements

When termination occurs for employer-initiated reasons, statutory severance applies:

Critical Documentation Procedures

Proper documentation is essential for legal compliance. Consider a recent case where SailGlobal assisted a technology firm with restructuring: they implemented dual-language termination letters with explicit reasoning, ensuring clarity and reducing legal challenges.

1. Written notices must specify exact grounds for termination
2. Employees must acknowledge receipt, even under protest
3. Witness signatures required for refused acknowledgments

Consequences of Improper Dismissal

Non-compliant terminations may result in labor court actions where employees can seek reinstatement or significant compensation. SailGlobal's compliance audits have identified that proper documentation reduces legal exposure by approximately 70% compared to informal approaches.

Navigating Polish employment law requires understanding both statutory requirements and practical implementation strategies. Professional legal consultation remains advisable for complex termination scenarios.