Losing a job is almost always associated with significant stress and uncertainty. For many people, the news of the termination of their employment contract comes unexpectedly – during an ordinary working day, after returning from holiday, and sometimes even while on sick leave. In such a situation, many questions arise: whether the employer had the right to make such a decision, whether the notice of termination was prepared in accordance with the law, and whether it is worth pursuing one’s rights before the labour court.

Not every employee is aware that the mere delivery of a notice of termination does not yet mean that the employer acted in accordance with the law. The Polish Labour Code regulates in detail the manner in which employment contracts may be terminated and imposes a number of obligations on employers. A breach of these obligations may result in the termination being found unlawful and, consequently, may entitle the employee to seek compensation or other legal remedies.

Can an employer dismiss an employee with immediate effect?

Contrary to popular belief, an employer cannot terminate an employment relationship with immediate effect at any time. As a general rule, an employment contract is terminated subject to a notice period, the length of which depends on the type of contract concluded and the employee’s length of service with the given employer.

Termination of an employment contract without notice, commonly referred to as dismissal “from one day to the next,” is permitted only in exceptional situations specified by law. Most often, this concerns cases of a serious breach of the employee’s basic duties, the commission of a criminal offence preventing further employment, or the loss of qualifications necessary to perform the work. This means that the employer’s dissatisfaction with the employee or a deterioration in workplace relations alone does not constitute sufficient grounds for immediate termination of the employment contract.

If the employer terminated the employment contract without notice despite the absence of the statutory grounds, the employee may successfully challenge such a decision before the labour court.

Must every notice of termination be properly justified?

One of the most common mistakes made by employers is providing an inadequate justification for the notice of termination. Labour law requires that, in the cases provided for by the Labour Code, the reason for terminating the employment contract must be genuine, specific, and capable of verification.

In practice, notices of termination still frequently contain very general statements such as “loss of trust,” “improper performance of duties,” or “organisational changes.” Such justifications do not always meet the requirements laid down by statutory provisions and case law. The employee should know the specific circumstances that led to the termination of the employment relationship in order to assess whether the decision was justified and to effectively defend their rights.

Therefore, merely indicating a general reason is not sufficient. The reason should correspond to the actual facts and be presented in a manner that allows it to be properly assessed.

When can a dismissal be unlawful?

Every year, labour courts hear thousands of cases concerning the unlawful termination of employment contracts. Contrary to appearances, breaches of employment law are not limited solely to situations in which the employer completely disregards the required procedures.

The most common irregularities include indicating a false or fictitious reason for termination, violating the special protection afforded to certain categories of employees, incorrectly applying termination without notice, or failing to comply with the formal requirements set out in the Labour Code.

In some cases, the analysis of the notice of termination itself is sufficient to conclude that the employer failed to fulfil their obligations. In other cases, it is necessary to gather additional evidence, such as business correspondence, employment documentation, or witness testimony.

Does signing a notice of termination mean accepting the dismissal?

Many employees are afraid to sign documents presented by their employer, believing that their signature means they accept the decision to terminate the employment contract. This is a misconception.

In most cases, the employee’s signature merely confirms receipt of the document. It does not mean that the employee agrees with its contents or waives the right to pursue their claims before the court. Likewise, refusing to sign a notice of termination does not automatically render it invalid.

Far more important than the signature itself is preserving all documents relating to the employment relationship and calmly analysing the situation before making any further decisions.

What should you do after receiving a notice of termination?

The first reaction after receiving a notice of termination is often one of strong emotion. It is worth remembering, however, that the first days following the termination of the employment contract are of great importance for the subsequent pursuit of legal claims.

First and foremost, all documentation relating to the employment should be secured, including the employment contract, any amendments, the job description, emails, and correspondence exchanged with supervisors. If there are individuals who may confirm the course of events, it is also advisable to identify who may later testify as a witness.

It is not advisable to make hasty decisions or sign additional agreements without first consulting a lawyer. In practice, employees sometimes waive their rights or sign documents without fully understanding their legal consequences due to stress.

What claims may an employee pursue?

If the court finds that the termination of the employment contract was unlawful, the employee may pursue the remedies provided for in the Labour Code. Depending on the circumstances of the case, these may include compensation, reinstatement to work, or remuneration for the period during which the employee remained out of work.

Which of these remedies will be the most advantageous depends on many factors, including the type of employment contract concluded, the manner in which it was terminated, and the employee’s professional situation.

How much time is there to appeal against a notice of termination?

One of the most common mistakes made by employees is delaying the decision to enforce their rights. Meanwhile, labour law provides for relatively short time limits for filing an appeal with the labour court. Failure to comply with these time limits may result in the loss of the opportunity to effectively challenge the employer’s decision.