Kancelaria Radcy Prawnego Sylwia Szewczyk-Jankowska
Legal basis
- Ustawa z dnia 26 czerwca 1974 r. – Kodeks pracy (Labour Code; k.p.; consolidated text: Dz.U. 2025, poz. 277, as amended).
art. 30 § 3–5; art. 36 § 1; art. 38 § 1; art. 39; art. 41; art. 52 § 1–2; art. 264 § 1–2; art. 265 § 1–2; art. 291 § 1; art. 302¹ § 1–4, § 7–8, § 10–13. - Ustawa z dnia 26 września 2025 r. o zmianie ustawy – Kodeks pracy oraz niektórych innych ustaw (Act amending the Labour Code and certain other acts; Dz.U. 2025, poz. 1423).
art. 5 ust. 1–3; art. 6 pkt 1–2; art. 8–10.
Choose the correct legal route
Termination by mutual agreement, termination on notice and dismissal without notice are different legal acts. An agreement requires both parties’ actual consent. Notice is unilateral and ends employment after the applicable notice period. Disciplinary dismissal is exceptional; it is not a substitute for ordinary notice simply because an employer wants a quick exit.
Before acting, check the contract type, length of service, leave, absence, special protection and trade union representation. Art. 39 and art. 41 k.p. restrict notice in particular situations. Their application and exceptions depend on the facts; no universal checklist establishes the legality of every dismissal.
The letter and an understandable reason
A notice of termination or dismissal without notice should be in writing. An employer giving notice under a fixed-term or indefinite contract must state the reason and explain the right to challenge the decision. A reason is also required for dismissal without notice. An ordinary email containing a scanned signature is not equivalent to a document bearing a qualified electronic signature.
The explanation should reflect actual circumstances. Dates, identified duties and documents known to the employee help make it understandable. Where one of several similar positions is removed, selection criteria also need examination. Assemble evidence before delivering the decision, rather than after receiving a claim.
Length of service under the 2026 rules
Art. 302¹ k.p. allows specified periods of non-agricultural activity and work under other legal arrangements to count towards service, subject to statutory conditions and evidence. The rules apply from 1 January 2026 in the public finance sector and from 1 May 2026 to other employers. They do not mean that every earlier contract increases service with the current employer.
For a notice period, the link between the earlier activity and that employer under art. 302¹ § 8 k.p. matters. Review social insurance certificates, other evidence, overlapping periods and transitional rules. A notice period already running when the new provisions become applicable is not automatically recalculated.
Different deadlines have different effects
A challenge to notice must generally be brought within 21 days of delivery of the termination letter. The same period applies to a claim for reinstatement or compensation following dismissal without notice. These are substantive time limits with preclusive effects, not the general three-year limitation period for employment claims. Under art. 265 k.p., a missed deadline may be restored if the employee was not at fault; the application must be made within seven days after the obstacle ends.
For disciplinary dismissal under art. 52 k.p., the employer has one month from learning of the relevant circumstance. This is also distinct from limitation. Starting settlement discussions is not a safe reason to disregard a challenge deadline.
Documents and practical steps
Keep the contract, amendments, job description, correspondence relating to the stated reason, service records and proof of delivery. The employer should also check the signatory’s authority and any duty to consult a trade union. The employee should record the actual receipt date and set out disputed events in chronological order.
Consider a hypothetical employee who previously provided services to the same business under a mandate contract. Calculating notice requires checking the evidence and the new service rules, rather than simply using the employment contract date. Preserve correspondence with its context and attachments; do not edit or delete material that may explain what happened.
When legal advice is useful
Advice from a legal adviser (attorney-at-law) is particularly useful where there is pre-retirement protection, absence, disciplinary dismissal, redundancy or a dispute about service. It can help assess evidence, identify the appropriate claim and establish the deadline. Different defects can produce different legal consequences.
The judgment from 2000 explains how specific a reason should be. It does not define today’s protection for fixed-term contracts: the present duty to explain notice follows from the current wording of art. 30 § 4 k.p. The older judgment therefore needs to be read alongside current legislation, including the changes that now apply to fixed-term employees.
Supreme Court of Poland case law
Judgment of the Supreme Court of Poland of 10 May 2000, I PKN 641/99.
The reason for notice must be specific enough for the employee to understand the circumstances behind the decision. Merely inserting a general formula may be insufficient.
Case law source (Supreme Court, PDF)This article is for information only. It is not legal advice or an offer. An individual matter requires a review of its facts, documents and applicable provisions.