Publication date: 04.09.2024
How to terminate an employment contract in Poland: rights of a Ukrainian employee
Termination of an employment contract is an important step in the professional life of every employee, especially when it comes to working abroad. For Ukrainians working in Poland, this process may seem complicated due to differences in legislation and language barriers. In this article, we will look at the key aspects of terminating an employment contract in Poland and the rights of Ukrainian employees in this process.
Ways to terminate an employment contract in Poland
There are several ways to terminate an employment contract in Polish labor law. Understanding these ways is crucial to protect your rights as an employee. A legal analysis of a situation can help you determine which method is best suited for your case.
The main ways to terminate an employment contract in Poland are:
- By agreement of the parties
- At the initiative of the employee (voluntary resignation)
- At the initiative of the employer
- In connection with the expiration of the contract
- For other reasons provided for by law
Each of these methods has its own characteristics and consequences. The lawyer's consultation service will help you understand the nuances of each method and choose the best option.
Termination of an employment contract at the initiative of the employee
If you decide to resign at your own request, it is important to know your rights and obligations. The legal analysis of the documents service can ensure that all the necessary steps are taken correctly.
Key points for resignation at will:
- Compliance with the notice period
- Submitting a written resignation letter
- Obtaining the necessary documents from the employer
- Receiving severance pay
Following these steps correctly is critical to protecting your rights as an employee. The service verification of documents by a lawyer by a lawyer will help you avoid mistakes and ensure a smooth dismissal process.
Termination of the employment contract at the initiative of the employer
In the event that the employer initiates the termination of the employment contract, the Ukrainian employee has certain rights that protect his or her interests. Understanding these rights is crucial to prevent possible abuse.
Question
What are the legal grounds for an employer to dismiss an employee in Poland?
Answer
In Poland, an employer may legally dismiss an employee for several reasons. This may include liquidation or reorganization of the company, staff reduction, failure to perform duties, loss of qualifications required for the job, prolonged absence from work due to illness or other valid reasons. However, it is important to note that the employer must justify its decision and follow the statutory dismissal procedure. If you are in doubt about the legality of your dismissal, it is recommended to use the service of a legal opinion of a lawyer specializing in labor law. This will help you understand whether your rights have been violated and what actions you can take to protect them.
Terms of notice of dismissal
One of the key aspects of terminating an employment contract is compliance with the notice period. These terms may vary depending on the type of contract and the duration of the employment.
Standard notice periods in Poland:
2 weeks - for employees who have worked for less than 6 months
1 month - for employees who have worked from 6 months to 3 years
3 months - for employees who have worked for more than 3 years
The legal analysis service can help you determine which notice period applies in your case and ensure compliance with it.
Employee's rights upon termination of the employment contract
Regardless of the way the employment contract is terminated, a Ukrainian employee has certain rights guaranteed by Polish law. The legal opinion service can provide you with detailed information about your rights and how to protect them.
Key rights of the employee upon termination of the employment contract:
- The right to receive a written justification for dismissal
- The right to receive full severance pay
- The right to receive the employment record book and other necessary documents
- The right to appeal against unjustified dismissal
- The right to severance pay in certain cases
Knowing these rights will help you protect your interests in the process of termination of an employment contract. The legal opinion service can provide you with detailed advice on each of these rights.
Peculiarities of terminating different types of employment contracts
There are different types of employment contracts in Poland, and the process of their termination may have its own peculiarities. A lawyer in Poland can help you understand the specifics of terminating your particular type of contract.
Peculiarities of termination of different types of contracts:
- Termination of an open-ended employment contract
- Termination of a fixed-term employment contract
- Termination of a contract for a probationary period
- Termination of the contract for substitution
- Termination of a civil law contract (umowa zlecenie, umowa o dzieło)
Each of these types of contracts has its own nuances when terminated. The online lawyer service can provide you with the necessary advice and support in the process of terminating your specific type of contract.
Protection of employee rights in case of illegal dismissal
If you believe that your dismissal was illegal, you have the right to protect your interests. The legal analysis service can help you assess the legality of your dismissal and develop a defense strategy.
Steps to protect your rights in case of illegal dismissal:
- Gathering evidence of unlawful dismissal
- Filing a complaint with the labor inspectorate
- Filing a lawsuit for reinstatement in court
- Claiming compensation for the period of forced absenteeism
In such situations, lawyer's consultation may be an integral part of the successful protection of your rights.
Financial aspects of termination of an employment contract
Termination of an employment contract also has important financial aspects that need to be taken into account. Our document analysis service can help you make sure that all financial issues are handled correctly.
Key financial aspects of termination of employment:
Calculation of salary for the time worked
Compensation for unused vacation time
Severance pay (if applicable)
Tax aspects of dismissal
Proper handling of these financial issues is important to protect your interests. The online lawyer service can provide you with the necessary advice on the financial aspects of termination of employment.
Termination of an employment contract in Poland is a process that requires care and understanding of local law. The right approach to this process protects your rights and interests, ensures that you receive all due payments and helps to avoid many problems in the future. Neglecting important aspects when terminating a contract can lead to serious consequences, such as loss of due compensation, problems with future employment, or even litigation with your former employer. That is why it is so important to seek professional legal consultation. Don't try to understand all the nuances of Polish labor law on your own - leave it to professionals. Contact the legal marketplace CONSULTANT for qualified assistance. The written consultation service will allow you to get the necessary support at every stage of the termination of the employment contract. Remember that investing in the correct termination of employment is an investment in your peaceful and successful future on the Polish and EU labor market.
