Publication date: 23.08.2024
What rights does an employee have when terminating an employment contract in Poland?
Termination of an employment contract can be a stressful situation for any employee. However, knowing your rights can make the process much easier and protect your interests. In this article, we will look at the basic rights of an employee when terminating an employment contract in Poland and how they can be protected. The service of legal analysis of a situation will help you to better understand your rights and opportunities in a particular situation.
Types of termination of employment
Before considering the employee's rights, it is important to understand the different ways of terminating an employment contract in Poland. The lawyer's consultation service will help you determine which type of termination applies in your case.
The main types of termination of an employment contract are:
- By mutual agreement of the parties
- At the initiative of the employee (resignation)
- At the initiative of the employer
- In connection with the expiration of the contract
- For other reasons provided for by law
Each type of termination has its own peculiarities and consequences for the employee. The legal analysis of the documents service will help you understand what rights you have in each case.
The right to notice of dismissal
One of the key rights of an employee when terminating an employment contract is the right to timely notice. The legal analysis service will help you check whether the employer has complied with this right.
Terms of notice of dismissal:
- 2 weeks if the employee has worked for less than 6 months
- 1 month if the employee has worked from 6 months to 3 years
- 3 months if the employee has worked for more than 3 years
It is important to note that these terms may be changed by the employment agreement in favor of the employee. The verification of documents by a lawyer by a lawyer will help you make sure that your employment agreement complies with the law.
The right to severance pay
When an employment contract is terminated at the initiative of the employer, the employee is entitled to severance pay. The service of a legal opinion of a lawyer will help you calculate the amount of severance pay to which you are entitled.
The amount of severance pay depends on the length of service:
- One month's salary if the employee has worked for less than 2 years
- Two months' salary if the employee has worked from 2 to 8 years
- Three months' salary if the employee has worked for more than 8 years
Severance pay is not paid if the termination of the employment contract is due to the employee's fault. The document analysis service will help you determine whether you are entitled to severance pay in your situation.
Question
Is an employee entitled to severance pay in case of voluntary dismissal?
Answer
In general, an employee is not entitled to severance pay in case of voluntary dismissal. Severance pay is usually paid only in cases where the employment contract is terminated at the initiative of the employer for reasons not related to the employee's behavior, such as redundancy or liquidation of the company. However, there are exceptions that may be provided for in a collective bargaining agreement or individual employment contract. In addition, if a voluntary resignation occurs due to the employer's violation of labor laws, the employee may be entitled to compensation. The service of a lawyer's consultation will help you determine whether you are entitled to any severance payments in your particular situation.
The right to unused vacation time
Upon termination of an employment contract, an employee is entitled to compensation for unused vacation days. The legal document analysis service will help you calculate how many vacation days you are entitled to.
The main points of vacation compensation:
Compensation is paid for all unused vacation days
The calculation is made in proportion to the time worked in the current year
Compensation must be paid together with the final paycheck
It is important to check the correctness of the vacation compensation calculation. The legal analysis service will help you make sure that you receive all the payments you are entitled to.
The right to receive documents
When terminating an employment contract, an employee has the right to receive certain documents. The written consultation service will help you understand which documents you should receive.
Documents that the employer is obliged to provide to the employee:
- Certificate of employment (świadectwo pracy)
- Certificate of income for the last year (PIT-11)
- A payslip showing all payments and deductions
These documents may be important for future employment and social security. The service of a legal opinion will help you to check the correctness and completeness of the issued documents.
The right to appeal against unlawful dismissal
If you believe that your dismissal was unlawful, you have the right to appeal it in court. The online lawyer service will help you assess the prospects for such an appeal.
Grounds for appealing against dismissal:
- Lack of legal grounds for dismissal
- Violation of the dismissal procedure
- Discrimination in dismissal
- Dismissal during a protected period (e.g. pregnancy, sick leave)
It is important to remember that there are certain deadlines for appealing a dismissal. The online lawyer service will help you prepare and submit the necessary documents in a timely manner.
The right to personal data protection
Even after the termination of the employment contract, the employee has the right to protect his or her personal data. The service of a lawyer in Poland will help you understand what data the employer may store and how it can be protected.
The main aspects of personal data protection:
- The employer may store only necessary data
- The employee has the right to know what data is stored
- Employees have the right to request the deletion or correction of incorrect data
Personal data protection is an important aspect of employment relations. The legal analysis service will help you to ensure that your data is properly protected after you leave your job.
Question
What happens if you do not solve the problems related to the violation of rights upon termination of the employment contract?
Answer
Ignoring violations of rights upon termination of an employment contract can lead to serious consequences for the employee. Firstly, you may lose significant financial resources, such as unpaid wages, compensation for unused vacation or unlawfully withheld payments. Secondly, it can negatively affect your future employment, especially if you have not received properly executed dismissal documents. Third, you risk setting a precedent that will allow the employer to continue to violate the rights of other employees. Finally, you may lose the opportunity to seek justice through the courts, as there are certain time limits for filing a lawsuit. Therefore, it is very important to respond to any violations of your rights in a timely manner. The service of a lawyer in Warsaw can help you assess the situation and take the necessary measures to protect your rights and interests.
The termination of an employment contract is an important moment in an employment relationship, and knowing your rights is key to protecting your own interests. Employees in Poland have a wide range of rights, including the right to proper notice of dismissal, severance pay, compensation for unused vacation, and obtaining the necessary documents. It is important to remember that these rights are protected by law, and the employer is obliged to respect them. If you face a violation of your rights upon termination of your employment contract, do not hesitate to resolve the problem. Seeking professional legal consultation in a timely manner can significantly improve your situation and ensure a fair resolution of the situation. Legal Marketplace CONSULTANT offers a wide range of services, including legal opinion and attorney services, which will help you protect your rights when terminating an employment contract in Poland. Remember that your rights are your defense and you have every right to exercise them.
