Problems we solve

Services

Solutions

Why CXC

Resources

Connect

Global Hiring Contact us

Let´s talk

OUTLINE

Notice periods in Poland

Termination of employment in Poland

Post-termination restraints in Poland

Waivers in Poland

Transfer of undertakings regulations in Poland

Avoid risk and missed opportunities with our end-to-end employment solutions

End of employment in Poland

Every employment relationship ends eventually, and it’s important to understand the rules and regulations that apply when that happens. However, every country has its own laws about termination of employment, notice periods, and more. If you plan to hire employees in Poland, you’ll need to ensure you understand these rules.

We’ve put together this guide as an end-of-employment checklist to help you ensure your operations are compliant. We’ll cover some of the crucial aspects of ending an employment contract in Poland, including the post-termination restraints you can impose on your employees, and what happens to employees after a transfer of undertaking.

Notice periods in Poland

Employers and employees in Poland have to give a certain amount of notice if they want to end their employment relationship. The length of notice they have to give is defined in the Polish Labour Code and depends on how long the employee has been employed.

Notice periods in Poland

The length of the notice period in Poland depends on the employee’s length of service. The statutory notice periods are as follows:

Less than six months’ service: Two weeks
Between six months and three years’ service: One month
At least three years’ service: Three months

The notice period is the same for employees and employers. That means that an employee has to give the same amount of notice to resign as an employer would have to give to terminate their contract.

Notice periods for fixed-term contracts in Poland

The notice period in Poland for fixed-term contracts is two weeks, as long as the contract is for at least six months and there is a termination clause in the contract.

How to calculate notice periods in Poland

Notice periods in Poland are calculated based on calendar months or whole weeks. If a notice period is given in months, it starts on the first day of the following month. If a notice period is given in weeks, it ends on the Saturday after the end of the notice period.

For example, if an employer gave their employee one month’s notice on Monday 17 July 2024, the notice period would not start until 1 August. The employee’s last day of employment would be 31 August. If an employer gave an employee two weeks’ notice on the same day, their notice would end on Saturday 26 July.

Exceptions to notice periods in Poland

There are some circumstances where employers and employees may not have to give notice to terminate their employment agreement. For example, employers don’t have to give notice to dismiss employees due to gross negligence or misconduct, and employees can resign without notice in the case of a breach of contract on the part of their employer.

Severance pay in Poland

Employers in Poland must pay their employees severance pay if they are terminated for reasons unrelated to their conduct or performance. For example, companies have to pay severance pay if they lay off employees for economic or business reasons.

The amount of severance pay employees are entitled to depends on their length of service. Employers must pay:

One month’s salary to employees with less than two years of service
Two months’ salary to employees with between two and eight years of service
Three months’ salary to employees with eight or more years of service

Only employers with at least 20 employees have to pay severance pay for individual dismissals, but all employers must pay it in the case of collective redundancies.

Termination of employment in Poland

The termination of an employment contract in Poland can be due to a mutual agreement, or because the employee resigns. There are also certain circumstances in which employers can choose to terminate their employees’ contracts. However, there are strict rules that apply in these situations.

Reasons for termination of employment in Poland

Generally speaking, there are three ways an employer can terminate an employment contract in Poland:

Termination by mutual agreement: This is when an employer and an employee collectively decide to end their employment relationship.
Termination with notice period: This is when employers choose to terminate an employment contract by giving the employee the correct amount of notice as set by the Labour Code.
Termination without notice: This is when an employer dismisses an employee immediately, without a notice period. There are strict limitations on when this can be done in Poland.

Termination by mutual agreement in Poland

In the case of a termination by mutual agreement, the employer and the employee can decide between themselves on the terms and conditions of the termination, including whether it is effective immediately or at a future date. Termination by mutual agreement should be agreed in writing, with wet signatures.

In practice, employers often offer their employees termination by mutual agreement as an alternative to termination with or without a notice period. They may therefore offer additional benefits to encourage the employee to take this route and eliminate any potential disputes.

Termination of employment with notice period in Poland

Employers and employees can terminate an employment contract in Poland by giving the correct notice. For employers, certain circumstances have to apply for a termination to be legal. For example, employers can give notice of termination to their employees for any of the following reasons:

Business-related issues
Collective redundancies
Prolonged underperformance

Termination of employment without notice in Poland

Employers in Poland can dismiss employees without notice if they have a valid reason. This may be known as a disciplinary dismissal and includes situations where the employee:

Has committed a criminal offence
Has seriously violated their duties
Has lost a licence required for the role

Polish law doesn’t provide a specific definition of a ‘valid’ or ‘justifiable’ reason for a disciplinary dismissal. In the case of a dispute, each case is individually evaluated by the labour court.

Unlawful or unjustified termination of employment in Poland

If an employee believes they have been unfairly terminated in Poland, they can take their case to the labour court. There are two remedies available to employees who have been unfairly dismissed: they may be reinstated, or they may receive compensation. The amount of compensation depends on the type of contract and the mode of termination but can’t exceed three months’ salary.

Post-termination restraints in Poland

Post-termination restraints are restrictions that employers can impose on their former employees’ actions after the end of their employment. The idea is to prevent those ex-employees from damaging the company’s business interests. However, there are limitations on how employers can use post-termination restraints in Poland.

Non-compete agreements in Poland

Non-compete agreements are a common type of post-termination restraint in Poland. These may prevent former employees from working for or setting up a competing business in the same geographic area. In Poland, employers must pay their former employees compensation for non-competition as long as they want the non-compete clause to apply. This compensation can’t be less than 25% of the employee’s former salary.

Customer non-solicits in Poland

Employers in Poland can also prevent former employees from soliciting their customers or clients, by asking them to sign a customer non-solicit agreement. This is most common for employees who have a lot of contact with customers. This type of clause may be included in a non-compete agreement.

Employee non-solicits in Poland

Employee non-solicitation clauses are designed to prevent employees from ‘poaching’ employees from their former employers. This is a common type of post-termination restraint, which many Polish employers include in their contracts.

However, there is some debate as to whether these clauses are enforceable since they violate the right to freely choose employment, which is an important employee right in Poland.

Waivers in Poland

Under Polish law, it is not possible for employees to waive their statutory rights, including rights related to remuneration. This means that it can be difficult for employers and employees to reach settlement agreements in Poland, since employees can’t waive their rights to remuneration they are owed. A settlement agreement may be inadmissible if it involves an employee waiving their statutory rights.

Polish law also stipulates that employees can’t waive any and all claims against the employer regarding monetary compensation or other benefits in the future. That means that an employee could continue to bring further claims against their (former) employer, even after signing a settlement agreement.

Transfer of undertakings regulations in Poland

A transfer of undertaking is when one company is bought or acquired by another company. In this situation, each country has its own rules about what happens to the employees of the purchased company. In Poland, these rules are set out in the EU Transfer of Undertakings (Protection of Employment) (TUPE) directive and the Polish Labour Code.

Employees’ rights after a transfer of undertakings in Poland

Transfer of undertaking regulations in Poland state that the employees of a purchased entity must be transferred to the purchaser. Employees also retain all of the rights they were entitled to before a transfer. The new employer and the old employer are jointly responsible for the obligations relating to employment relationships with existing employees.

If an employee doesn’t want to work for the new employer, they can terminate their employment contract within two months of the transfer with seven days’ notice. This has the same legal effect as a termination with notice by the employer. Employers can’t terminate employees’ employment due to a transfer of undertakings in Poland.

Informing employee representatives of a planned transfer

When a transfer of undertakings is planned, it is the duty of the new employer to inform the company trade unions of the proposed transfer. They should provide them with the planned transfer date, the reason for the transfer, and the legal, social, and economic effects it will have on employees. If the company isn’t covered by a trade union, the new employer should inform employees about the transfer directly.

Avoid risk and missed opportunities with our end-to-end employment solutions

There are many different ways an employment contract can come to an end. But whatever the situation, you need to understand the rules that cover the end of employment in Poland — or you could end up facing legal issues.

Our solutions ensure your business is protected from risk when a relationship with a worker comes to an end — whatever the reason. We can also help you to avoid missed opportunities by re-deploying talent where possible .

Read about EoR services

FAQ's

How long is the notice period in Poland?

The notice period in Poland depends on how long the employee has worked for the company. Under the Polish Labour Code, notice periods for indefinite contracts are tied directly to length of service.

Length of Service	Notice Period
Less than 6 months	2 weeks
6 months to less than 3 years	1 month
3 years or more	3 months

For fixed-term contracts, the same statutory notice periods generally apply as for indefinite-term contracts under current Polish labour law. Previous rules referring to a separate two-week notice period for fixed-term contracts are no longer applicable.

The three-month notice period applies to most long-term employees in Poland, so plan your offboarding timeline accordingly.

Notice periods run from the end of the calendar month for monthly-paid employees. For weekly-paid employees, notice ends on a Saturday. These are not optional rules; they are statutory minimums that apply regardless of what the employment contract says.

How can companies legally terminate employment in Poland?

Termination of employment in Poland must be done in writing. For indefinite-term contracts, the employer must also provide a real, specific, and justifiable reason for termination.

Verbal dismissals are not compliant with Polish labour law, and vague or generic termination reasons may create significant litigation risk.

There are several ways a company can legally end an employment relationship in Poland:

Notice termination: The employer gives written notice with a stated reason where legally required, and the statutory notice period runs before employment ends.

Termination without notice (summary dismissal): Reserved for serious misconduct, such as a criminal offence, a serious breach of duties, or loss of a required licence. This route has strict conditions and should not be used as a general exit route.

Termination by mutual agreement: Both parties agree to end the contract on terms they negotiate. This is the most common and least contested method.

Expiry of a fixed-term contract: The end of contract in Poland for fixed-term employees happens automatically when the contract expires unless it is renewed.

For indefinite contracts specifically, the employer must consult the relevant trade union (if one exists) before issuing notice. Skipping this step can invalidate the termination.

Written documentation is not good practice here. It is a legal requirement that protects the company if the employee challenges the dismissal.

What happens during the notice period after termination in Poland?

During the notice period in Poland, the employment contract remains active, and both parties still have obligations. The employee is expected to continue working unless the employer releases them from that duty.

Here is what employers need to manage during this phase:

Garden leave: Employers can instruct employees to stay away from work during the notice period while still paying their full salary. This is common when the employee has access to sensitive information or client relationships.

Holiday use: Employers can require employees to take any outstanding annual leave during the notice period. Any remaining leave that cannot be taken must be paid out.

Pay and benefits: Full salary and contractual benefits continue throughout the notice period.

Handover obligations: Employees are expected to hand over work, files, and equipment before their final day.

If the employer terminates the contract but does not want the employee on-site, they must still pay the full notice period salary. Sending someone home without pay during notice is a breach of contract.

For employees on three-month notice periods, this phase requires active planning. Use the time to complete knowledge transfer, update access permissions, and prepare final payroll calculations.

Are employees protected from unfair termination in Poland?

Yes, Polish employees have strong protections against unfair termination of employment in Poland. Employers cannot dismiss employees without lawful grounds where justification is required under applicable law, and certain groups of employees benefit from enhanced statutory protection.

Who has enhanced protection in Poland?

The following employees cannot be dismissed (or can only be dismissed under specific conditions):

Employees on sick leave or maternity/paternity leave during the protected period.

Pregnant employees from the moment pregnancy are medically confirmed or otherwise established under applicable law.

Employees within four years of retirement age.

Trade union representatives during their term and for a period after.

Employees on parental, childcare, or unpaid leave.

What can employees do if they believe they were unfairly dismissed?

An employee who believes their dismissal was unjustified can file a claim with the Polish Labour Court. If the court rules in their favour, the employer may be ordered to:

Reinstate the employee to their previous position, or.

Pay compensation, the amount of which depends on the circumstances and applicable statutory rules.

The time limit for filing a claim is 21 days from receipt of the termination notice. That window moves quickly, so employers should ensure their documentation is solid before issuing any termination letter.

A poorly documented or poorly reasoned dismissal is one of the most common compliance risks for international employers operating in Poland.

What is mutual termination of employment in Poland?

Mutual termination of employment in Poland (known as porozumienie stron in Polish) is when both the employer and employee agree to end the employment contract together, on terms they both accept. It is the most flexible and least adversarial way to end an employment relationship in Poland.

Why do employers prefer it?

The parties can agree on any end date, without being bound by statutory notice periods.

There is no requirement to give a reason for ending the contract.

It significantly reduces the risk of a labour court claim.

It can be used for any type of contract, including fixed-term and indefinite contracts.

What should a mutual termination agreement include?

A written mutual termination agreement should clearly state the agreed end date, any financial terms (such as additional payments), confirmation of outstanding leave entitlements, and the return of company property.

Both parties must sign the agreement. If only the employer signs, it is not a valid mutual termination; it becomes a unilateral notice, which carries different obligations.

Employees in Poland are not obligated to agree to mutual termination. If an employee declines, the employer must follow the standard notice termination process, including providing a written reason and observing the full notice period.

What HR best practices apply to termination of employment in Poland?

Getting the process right from the start is the best way to avoid disputes, delays, and unexpected costs when managing termination of employment in Poland. Here are the practices that make the biggest difference.

Before issuing notice of termination in Poland

Check protected status first. Confirm whether the employee falls into a protected category (pregnancy, sick leave, pre-retirement age, trade union role) before taking any termination steps or initiating dismissal discussions.

Consult the trade union if one is present and the contract is indefinite. This is a legal requirement, not a formality, where the employee is represented by a trade union and consultation obligations apply under Polish labour law.

Document your reason clearly. The termination reason must be specific and factual. “Performance issues” is not enough. “Failure to meet agreed sales targets for three consecutive quarters despite a written improvement plan” is more likely to satisfy the specificity requirements under Polish case law.

When issuing the termination notice in Poland?

Deliver the notice in writing, signed by an authorised representative, include the statutory notice period end date. Inform the employee of their right to appeal to the Labour Court within 21 days.

During the notice period of termination in Poland

Agree on a handover plan and put it in writing. Process outstanding holiday entitlements. Prepare the final payslip and any severance calculations in advance to reduce payroll and employment-related disputes after termination.

After the employment ends in Poland

Issue the work certificate (świadectwo pracy) on the last day of employment or within the legally required timeframe where immediate issuance is not possible. Late or incorrect work certificates can result in financial penalties and employee claims for damages in certain circumstances.

Make sure to retain all termination documentation for at least 10 years (50 years for contracts started before 2019) in line with applicable Polish employment record retention rules.

The work certificate is one of the most overlooked steps.

Employees need it to claim unemployment benefits and for future employment. Missing it creates immediate problems.

How is severance pay calculated in Poland?

Severance pay in Poland is calculated based on the employee’s length of service with the company, using their average monthly salary as the base figure.

The statutory formula under the Polish Labour Code is:

Length of Service	Severance Pay
Less than 2 years	1 month’s salary
2 years to less than 8 years	2 months’ salary
8 years or more	3 months’ salary

Severance pay in Poland is also capped
The maximum payout cannot exceed 15 times the minimum wage in Poland at the time of termination. This cap is particularly relevant for higher-earning employees.

The monthly salary used in the calculation is the employee’s average remuneration, calculated according to rules set out in the Labour Code. It typically includes base salary and any regular allowances but excludes one-off bonuses or irregular payments unless they qualify as remuneration components under applicable payroll calculation rules.

For example,an employee who has worked for 9 years and earns PLN 10,000 per month is entitled to 3 months’ severance pay, giving a total of PLN 30,000, subject to the statutory cap.

Severance pay is subject to income tax in Poland but is exempt from social security contributions. Employers should factor both the gross severance amount and the tax treatment into their offboarding cost projections.

Who qualifies for severance pay under Polish labour law?

Statutory severance pay in Poland applies specifically to employees who are dismissed for reasons that are not related to the employee. This means the trigger is the employer’s decision, not the employee’s conduct or performance.

When is severance pay mandatory in Poland?

Severance pay is required when:

The employer terminates employment due to redundancy or company restructuring.

The dismissal falls under the Polish Collective Redundancy Act (which applies when a certain number of employees are let go within 30 days) or other applicable individual redundancy provisions.

The employer terminates for economic, organisational, or technological reasons unrelated to the individual employee.

When is severance pay not required?

Severance pay does not apply when:

The employee resigns voluntarily.

The contract ends by mutual agreement (unless severance is negotiated as part of that agreement).

The employee is dismissed for misconduct or deficient performance.

A fixed-term contract simply expires at its end date without early employer termination.

Even when statutory severance does not apply, employers can agree to pay an ex-gratia or negotiated severance as part of a mutual termination agreement. This is common when the employer wants to avoid a drawn-out exit process.

The end of contract in Poland for fixed-term employees does not automatically trigger severance pay, which is a key distinction from indefinite contract terminations.

What happens if an employer fails to pay severance in Poland?

If an employer fails to pay severance pay in Poland when it is legally due, the employee can take the matter to the Polish Labour Court. The court can order the employer to pay the outstanding severance amount, plus statutory interest on the delayed payment.

Beyond the financial exposure, there are practical consequences worth knowing:

Labour court claims can be filed within three years of the payment becoming due. This is a long window, and claims do come in well after the employment has ended.

Interest accrues from the date the severance was due. The longer the delay, the higher the total liability.

Reputational risk is real for companies that operate in Poland long-term. Labour disputes are a matter of public record and can affect future hiring.

State Labour Inspectorate involvement: In cases of repeated or deliberate non-payment, the National Labour Inspectorate (Państwowa Inspekcja Pracy) can investigate and impose fines.

The most common reason employers underpay or miss severance is miscalculating the qualifying conditions. A termination that looks like a performance dismissal but is driven by a restructuring decision may still trigger severance obligations.

When in doubt about whether a specific termination triggers severance pay in Poland, get the classification confirmed before issuing the notice, not after.

How can CXC help companies avoid costly mistakes during employee termination in Poland?

CXC helps international employers manage the full termination of employment process in Poland, from calculating the correct notice period to handling severance pay and issuing compliant final documentation.

Termination in Poland involves multiple overlapping requirements: written notices, trade union consultation, protected employee checks, work certificate issuance, severance calculations, and payroll finalisation. Each step has its own rules and timeline. Missing one can turn a routine offboarding into a labour court claim.

What CXC handles for you?

Compliance checks before notice are issued: We confirm whether the employee has protected status, whether trade union consultation is required, and whether the planned termination reason is legally sound.

Notice period management: We calculate the correct notice period under Polish law and manage the timeline, so nothing is missed.

Severance pay calculation: We determine whether severance is owed, calculate the correct amount, and process it through compliant payroll.

Final documentation: We prepare and issue the work certificate (świadectwo pracy) and all required end-of-employment paperwork on time.

Ongoing support: For companies managing multiple exits or a restructuring in Poland, we provide consistent process management across the entire program.

Whether you are ending a single contract or managing a larger workforce reduction, CXC gives you the local knowledge and process infrastructure to handle it correctly.

Ready to hire talent in Poland with confidence?

Get in touch with our team to talk through your specific situation.

Compliantly hire workers anywhere with CXC

With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.

Learn more

DISCLAIMER: The information contained on this website is provided for general informational purposes only and should not be construed as legal, tax, or other professional advice on any subject matter. While we endeavor to ensure that the content is accurate and up to date, we make no warranties or representations of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information contained herein. The content on this site is not intended to be a substitute for professional advice. Users should not act or refrain from acting based on any information on this website without seeking the appropriate legal, tax, or other professional advice tailored to their specific circumstances from qualified professionals. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website. Use of the information on this site does not create an attorney-client, tax advisor-client, or any other professional-client relationship between the user and the website or its authors.

BLOG

Helping businesess to compliantly engage talent since 1992