Termination of an employment relationship

1. Termination of an employment relationship KAMILA SIEJKA

2. Ways of termination of an employment relationship

3. Ways of termination of an employment relationship Art. 30 of the labour code   An employment contract is terminated:  • under an agreement between the parties,  • by an unilateral statement of one of the parties, upon the expiration of a notice period (termination of an employment contract upon notice),  • by an unilateral statement of one of the parties, without notice period (termination of an employment contract without notice),  • after the expiry of the time period for which it has been concluded. Manifestation of will of the parties 

4. Agreement between the parties  • the parties to a contract of employment are entitled to freely terminate it as a result of bilateral act effective upon mutual declaration of the employee and the employer aimed at termination of the employment relationship in a specified manner, • possible for termination of any contract of employment with any employee, at any time, • no prescribed form, • no legal possibility of seeking judicial remedy provided for in labour law (solely the Civil Code – the defect in consent),

5. Termination of an employment contract upon notice The notice of termination of a contract of employment – an unilateral legal act resulting in termination of the contract upon expiry of the notice period specified by law.  • employment contract may be terminated by notice by each of the parties, • employee may give notice of termination at all times, the only requirement is a written form (with no explicit sanction provided) and compliance with    relevant periods, • the notice of termination of the employment contract by the employer is subject to further reaching restrictions: principles of sustainability of the employment relationship, requirements as to the content of the declaration of will, consequences of a defective notice of termination, 

6. Termination of an employment contract upon notice • a notice of the termination of an employment contract by either party, must be made in writing, however noncompliance does not result in invalidity but make the act defective, • employer's  notice of the termination of an employment contract concluded for an indefinite time must provide grounds justifying the termination of the contract, specifying the cause does not mean that the cause is justified, cause should be real and not apparent, sufficiently explicit , • employer's  notice of the termination of an employment contract should contain also information about the employee's right to appeal to a labour court (in the absence employee will have right to request reestablishment of rights with respect to the time-limit for bringing an action before the court), • employer's  notice of the termination of an employment contract should be given by a competent entity (by a person or a governing body or another appointed person in the case of an organisational unit),

7. Termination of an employment contract upon notice • In case of employment contract for trial period, the periods of termination notice are:  • 3 business days if the trial period does not exceed 2 weeks, • 1 week if the trial period is longer than 2 weeks,  • 2 weeks if the trial period is 3 months, depend on seniority of service •  Notice periods for definite and indefinite period employment contract are:  • 2 weeks if the employee was employed for less than 6 months,  • 1 month if the employee was employed for at least 6 months,  • 3 months if the employee was employed for at least 3 years,

8. Termination of an employment contract upon notice • parties may agree in the concluded contract for a longer notice period, but it may be reduced only in cases specified by law (for example if an employment contract concluded for an indefinite period of time is terminated due to the declaration of bankruptcy or liquidation of the employer, or for other reasons not concerning the employees, the employer may shorten the three-month period of notice to no less than 1 month's notice, the employee retains the right to compensation equal to the remuneration for the remaining part of the notice period), • within a notice period of at least two weeks, upon termination of an employment contract by an employer, the employee is entitled to job-search days off: • 2 working days within a notice period of two weeks or one month,  • 3 working days within a notice period of three months,      the right to remuneration for this period of time remains unaffected,

9. Termination of an employment contract without notice • The statement of termination of the contract without notice – unilateral statement which produces the effect specified therein at the time of its serving upon the addressee in such a manner that the latter is able to become acquainted with it,

10. Termination of an employment contract without notice by an employer for a reason attributable to an employee • the employer may terminate an employment contract without notice through the fault of an employee only if the employee: • seriously breaches the employee's fundamental duties,  • commits, during the term of the contract of employment,  an offence, which makes it impossible to continue his employment in the occupied job position - if the offence is evident  or has been declared by a final court judgement,  • through his fault, loses professional qualifications/licenses necessary to perform his work, • an employment contract cannot be terminated more than 1 month after the employer obtains information about the circumstances justifying the termination,

11. Termination of an employment contract without notice by an employer for a reason not attributable to an employee • an employer may terminate an employment contract without notice: • if an employee is unable to work as a result of an illness:  •  for more than 3 months - if the employee has been employed with a given employer for less than 6 months,  • for longer than the total period of receiving remuneration and welfare and sickness benefits on that account, as well as receiving rehabilitation allowance for the first 3 months - if the employee has been employed with a given employer for at least 6 months, or if the incapacity to work was caused by an accident at work or an occupational disease, • if an employee has any justifiable absence from work for other than aforementioned reasons, lasting for more than 1 month,

12. Termination of an employment contract without notice by an employer for a reason not attributable to an employee • an employment contract cannot be terminated without notice if the employee is absent from work due to taking care of a child while receiving allowance on this account, or if the employee is in isolation due to a contagious disease while receiving welfare and sickness benefits on this account, • an employment contract cannot be terminated without notice after the employee has reported to work after an absence, • the employer should if possible, re-employ the employee who reports to work immediately after the reasons for an absence cease to exist, if within 6 months of the termination of the employment contract without notice,

13. Termination of an employment contract without notice by an employee • employee's statement should be in writing and specify the reason,  • the contract cannot be terminated 1 month after the time when the employee has come to the reasons which justify termination, • when the employer seriously breaches the fundamental obligations with respect to the employee, • the employee is entitled to compensation in the amount due for the notice period, and if the employment contract has been concluded for a definite  time in the amount of the remuneration for the period to which contract should have been existing no more than amount due for the notice period, • Termination of an employment contract for a reason attributable for an employer 

14. Termination of an employment contract for a reason not attributable for an employer  • if an employee received a medical certificate declaring a harmful effect of the work performed on the health of the employee, and the employer, within the period determined in the medical certificate, fails to transfer the employee to another position appropriate for his health condition and corresponding to his professional qualifications 

15. Restrictions on the termination of an employment contract • General protection of sustainability of an employment relationship: • an employer must notify in writing, company trade union organisation representing an employee of the intention to terminate an employment contract concluded for an indefinite period of time with notice, and must provide grounds justifying the termination, company  trade union organisation  may, within 5 days from receiving the notification, present the employer with justified objections, in writing, has opinion – giving character,  • an employer must notify in writing, company trade union organisation representing an employee of the intention to terminate an employment contract without notice, and must provide the cause of the termination, company  trade union organisation  may, within 3days from receiving the notification, present the employer with its opinion,

16. Restrictions on the termination of an employment contract • Special protection of sustainability of an employment relationship: • an employer must not give a notice of termination on an employee who will reach the retirement age in not more than 4 years, if his employment period would enable him to receive a retirement pension upon reaching this age, • an employer must not give a notice of termination during the employee's annual leave or other excusable absence from work i the period during which the contract of employment may be terminated without notice has not expired yet, • an employer may not terminate an employment contract with a female employee during her pregnancy or while on maternity leave, with or without notice, unless there are reasons justifying termination without notice through her fault, and company trade union representing the employee has consented to the termination, applies also to a father rising the child during the maternity leave, • restrictions on termination of employment contract based on the employee's function,

17. Expiration of an employment contract • An employment contract expires in the cases determined in the Code and in special provisions • death of an employee, • death of an employer – natural person, unless the establishment in the material sense is acquired by a new employer, • employee's absence from work for 3 months caused by a pre-trial detention, unless an employer has earlier terminated the employment contract without notice through the fault of the employee, al, the employer is obliged to re-employ the employee if the criminal proceedings are discontinued or in the case of acquittal, and the employee reports for work within 7 days of the date on which the court decision becomes final,