Publication date: 23.09.2025
Termination by the employee — how to submit and what obligations you have
Application for dismissal from work must be submitted in writing, preferably with a date and signature. It is worth keeping a copy for yourself.
The notice period depends on the length of service:
- 2 weeks – less than 6 months of service,
- 1 month – from 6 to 36 months of service,
- 3 months – more than 3 years of service.
During the notice period, you must continue to perform your duties as usual. Your employer may dismiss you from work, but you still retain the right to remuneration. It is worth planning your departure to transfer responsibilities and avoid conflicts.
If you have been unfairly dismissed, you can claim compensation for dismissal from work in the labor court. The amount of compensation for dismissal depends on the length of your notice period and your average monthly salary. A lawyer will help you prepare a claim for compensation for dismissal and collect the necessary evidence to effectively protect your rights.
Mutual agreement termination — quick and safe ending
Termination of employment by mutual agreement is a flexible solution. The parties mutually agree on the date of termination of the employment relationship, which allows you to shorten the notice period or terminate the employment relationship immediately.
This solution is beneficial if you want to move to a new job or move abroad. It is worth preparing a draft agreement in writing and discussing it with your employer.
Termination of the contract without notice by the employee — when you can "quit the job" legally
The Labor Code provides for the possibility of immediate termination of the contract by an employee when:
- The employer has seriously violated its obligations (for example, non-payment of wages, assault).
- The occupational health doctor determines that the work poses a health risk and no alternative position has been offered.
In such a situation, you are entitled to compensation in the amount of your salary for the notice period. This is called "Disciplinary dismissal by an employee".
If an employee submits an application for dismissal at his request, the employer may accept it, preserving the employee's right to compensation from the employer for dismissal before the end of the notice period. If the termination of the contract was unlawful, the employee may demand compensation from the employer for dismissal in the amount corresponding to the notice period. Such a decision protects the interests of the employee and allows him to calmly prepare for a new job.
Quitting "on the spot" — consequences and financial risks
Dismissal from work without legal grounds may lead to a claim for compensation for dismissal. The employer may file a claim for compensation for the costs associated with a sudden shortage of workers, such as hiring replacements or production losses. This can also make it difficult to obtain a positive reference or recommendation from the employer.
When the employer can claim payment from the employee and how the recovery process works
The employer may demand compensation if they can prove that they have suffered damage as a result of your actions or inaction. The case will then be referred to the labor court. Your liability is limited - in case of negligence, to a maximum of three times your monthly salary. You are fully liable for intentional damages.
In the event of dismissal and severance pay , the employee receives additional cash payments if he meets the legal requirements, for example, in the case of collective dismissals or job reductions.
Severance payments: salary, vacation pay, return of company property.
PesFor dismissal, the employer must:
- pay wages until the last day of work.
- Pay compensation for unused vacation.
- Issue a certificate from the place of work.
- Calculate advance payments and submit the PIT-11 form.
The employee, in turn, must return official equipment, work clothes and company documents.
Practical steps before "laying off" from work - how to minimize financial risk.
Before you make a decision:
- Check the notice period and employment contract (whether there are any provisions for penalties).
- Consider giving a warning instead of dismissal.
- Prepare a strategy for transferring responsibilities and data protection.
- Talk to your manager - early dismissal can often be agreed upon.
This approach reduces the risk of conflict and potential financial claims.
If you have received a payment claim, ask for a written justification and documents confirming the amount of damages. You can appeal to the employment tribunal, which will assess the validity of the claim. It is worth seeking help from a lawyer or getting a free PIP consultation.
Frequently Asked Questions.
Question
Can I resign from my job without consequences?
Answer
Yes, if you give notice within the notice period or sign an agreement between the parties. Unauthorized overnight absences can lead to claims from your employer.
Question
Can my employer claim compensation from me if I am suddenly fired?
Answer
Yes, if they can prove that they suffered losses as a result of your sudden absence. However, in case of negligence, liability is limited to a maximum of three months' wages.
Question
How best to complete the work to avoid problems?
Answer
The safest option is an agreement between the parties, which allows you to set a convenient departure date and avoid conflicts. Or you can fire an employee by setting a legal notice period.
Question
What to do if your employer threatens to withhold wages?
Answer
Demand a written justification and evidence of the damage caused. You have the right to appeal to the labor court if you believe that the deduction is unjustified or excessive.
Question
Does dismissal affect your right to unemployment benefits?
Answer
Yes, dismissal can result in unemployment benefits only being paid after 180 days. Therefore, it is worth officially andlegally dismiss an employee.
Question
How to protect yourself from employer claims?
Answer
Collect evidence (e.g., correspondence, documents about employer violations). Seek help from a lawyer or trade union and file an objection with the labor court.
