Termination of permament or contract work contract in Poland

Hello,

My friend got a permament work contract and he's working there for almost two years.
Can his boss cancel his contract anytime? If yes, under what kind of conditions they can do it?

I hope somebody can tell me more about it.

Anna

Yes - the boss can cancel the contract at any time and does not have to give a reason. The notice period should be stipulated in his contract i.e. one week, one month.

Even what it's a permament contract? In the country where I come from there you can't so easily cancel such contracts.... they need to have a very good reason or 'buy you out'.

Well, actually it is not that easy. According to the Polish Labour Code, the employer has to justify the dismissal of an employee.

@ Anna83, here is a very good summary of terminations of employment contracts in Poland

ec.europa.eu/social/BlobServlet?docId=4633&langId=en

@Jolly Romek
Excellent summary, however as we all know, an employer wishing to dismiss an employee will always find a way. We do not know on what grounds the friend of Anna 83 is being told that his contract will be terminated. Without any idea of what is going on, it is difficult to give any advice.

Yes, I suppose some more details would be helpful. However, it is every employees right to challenge the employer , even going to court, if the dismissal is not justified at all or the reasons appear to be "made up".

But what you said earlier "Employer doesn't have to give a reason at all" does not apply.

POLAND IS A TRASH WHEN IT COMES TO RIGHTS.
Few months ago my boss kicked me out (permanent contract) wihoutt any reason and refused to give me half of my salary. There was little i could do and that was waste of time.

Poland is a third world country when it comes to rights and benefits.

Agreed there 100%

UFO973, just because you do not know your rights, does not mean that you do not have any.

Perhaps you should take the time and educate yourself on the rights of employees in Poland instead wasting it moaning about what happened to you. The Polish labor code is quite an extensive "booklet" which outlines exactly what rights and obligations employers have and what rights and obligations employees have. You will find, if you would only take the time, that there is probably something you could have done against your dismissal if it is was not justified at all.

What you could have done (and should have done) was take the moron to the labour court. It costs you nothing and if the situation was as you said, you would have won at least all your back salary, plus payment in lieu of notice plus any redundancy payment you were owed. And most likely the labour inspectorate would have decided that your boss was a prime candidate for a little inspection. If you couldn't be bothered to enforce your rights, that is in no way Poland's fault.

Merged: Question regarding termination of employment contract / specifically holidays in Poland

Hello all,

I terminated my contract with my employer and now they wanna pay out 4 days of holiday. So far I know you can take the holidays to your next employer. Can someone confirm if I am wrong or good? I told them that I don't want to get it paid out but they still want to do this.

Thank you.

Larissa

You're wrong. The situation where the holidays may be transferred occurs only when the new work contract will be with the same employer.
So in your situation you will get paid since you haven't used your vacations in a whole. No other choice.

Merged: New Polish Labor Law? Ending date on contract.

My company sent me a mail, they want me to bring my permanent contract to them because polish labor law is changed and there should be ending day on it. So they will send me new one.

What the heck, am I getting fired?
Is there such new law?
Is it for everyone?

Please read the latest Laws on working practices. Once you put an 'ending date' on it, that is the last day of your work for them.

Hi all
Is it possible to terminate the contract within a week after you start your work under Polish Labour Code?

I have seen on some websites that its two weeks. Is it true or it depends on the contract?

Merged:

Termination of permanent working contract

Hello guys,
I'm living in Poland for more than 10 years,and I was working during this period only for one company. 2 months ago,in may 2020,my boss informed me,that due to the economic reasons,they need to fire me.He asked me to sign a common agreement,where it was mentioned that working contract between me and company will finish in 3 months,and I will receive 3 months salary + another 3 months compensation.On this paper also was written that I have 2 weeks to go to a Labour Court if I have any problems.My question is now:is it legal what they did?how they made the difference between me and other employees?it's a company with more that 500 employees.Is it a good deal 6 salaries,or I should fight in court for a higher compensation? thanks in advance:)

I'm not an expert but it seems legit.
For a pernament contract of a person employed for over 3 years he informed you three months in advance and you get three months compensation -odprawa.

pit.pl/aktualnosci/prawo-do-odprawy-w-razie-zwolnien-indywidualnych-982515

Consult a lawyer if you have any doubts.

This is not discrimination?why me and not others?

I wouln't sign mutual agreement as there is nothing mutual about it. Ask for termination of contract by your employer.

Mutual agreement has a legal consequences (like unemployment benefit)


Discrimination on what grounds? Is your performance better than others? Do they do the same job?

The op should consult Sąd Pracy if he has any doubts but with the pandemic companies are not doing well.

You have let's say 15 lawyers in a company.Due to the economic reasons you are firing one of them.That one shouldn ask himself "why me"?aWhat are the criteria of making difference between those people?What kind of discrimination?I don't know,maybe nationality?

@Steven2020
Why don't you ask your employer that question?
We don't know what were their criteria.

I already have a new job,and I'm not interested to have a contact with my previous employer.I don't need to ask why,I don't want have contact with them.I only asked people here ,if in Poland its normal fire anyone when you want ,giving 3 months notice period +3 months compensation.In my country,for a similar case,employer was forced by court to hire back this person,and give salaries for 2 years period,when court decision was mqde.

@Steven2020
So they need to be employed regardless of their performance or the economic situation of the company?
Yes, it's normal that sometimes people are made redundant and there are rules concerning it - so depending on the lenght of pernament employment, the employer needs to inform the employee in advance (two weeks to three months depending on how long you have been employed).

Zwolnienie dyscyplinarne is also possible in extreme cases.

Anyway doesn't your termination include the reason why you were made redundant?

@kaprys
I don't have any disciplinary issues.Anyway thanks for help ,but you are not answering to my questions.If you have 15 lawyers inside a company,and no clear evaluation related with their performance,which one you will fire if you have economic problems (also which must be proofed).Please answer me which lawyer you will fire,

Lawyer 1, lawyer 2, lawyer 4,..lawyer ..15?

@Steven2020
What does the termination of your contract say?
On what grounds were you made redundant?

Economic reasons,not connected with employee

@Steven2020
The pandemic wasn't really good for business in Poland. That's a fact. People lost jobs.
If they were prejudiced against your nationality, you wouldn't have been employed there for ten years.
You have a three-month compensation and a new job.
As for why you were chosen among other employees you need to ask your boss. It may be connected with your experience, qualifications, performance or the company's needs and policy.

or connections.... do I let this foreign guy go or my wife's cousin that she pressured me to hire?

Yes, there can be dozens of reasons. It is the boss`s decision and only he/she knows why.


That`s very generous coz it is Europe. Go to work in the States and you will see the difference. hahaha