Termination of an employment contract by an employee – what are the rules?

For many people, leaving a job does not end with the decision itself, but with an error in the paperwork. A single missing date or an unclear method of terminating the contract can later lead to a dispute over when the notice period actually began. It is important to remember that when an employee terminates their employment contract under the standard procedure, they are not required to give a reason, and the notice period – which is 2 weeks, 1 month or 3 months – depends on their length of service with the employer.
The safest option is a written notice bearing the date, the parties’ details and confirmation of receipt. Termination without notice requires a legal basis, a reason and the submission of the notice within one month.

When can an employee terminate their employment contract without giving a reason?

An employee may terminate their employment contract at any time during the employment relationship. They do not have to wait until the end of the month, for a change in their rota or for their line manager’s consent. All they need to do is submit a notice of termination and observe the appropriate notice period, which depends on the type of contract and their length of service. For a permanent contract, the same rule applies as for a fixed-term contract and a probationary period, as the law does not make this right contingent on the planned duration of the employment.

The difference between the parties is clear. An employee may give notice without being obliged to justify their decision, whilst an employer, when terminating a contract, is usually required to state the reason and inform the employee of their right to appeal to an employment tribunal. This distinction is significant, as the freedom to leave a job does not imply the same freedom on the part of the company. These two mechanisms do not operate symmetrically.

In practice, an employee may simply state that they are terminating their employment contract by giving notice in accordance with the relevant period. They may also add a reason, such as a change of residence, a new job offer or a conflict within the organisation. Such a reason is provided for information purposes only. The employer does not assess its validity in the same way as it assesses the reasons given by the company when serving notice on an employee.

This rule applies to all basic types of employment contracts. It covers permanent contracts, fixed-term contracts and probationary contracts. It is therefore not necessary to first check whether the form of employment entitles the employee to resign. This right always exists; the only differences are the length of the notice period and how it is calculated.

In the case of ordinary notice, the reason may be based solely on the employee’s choice. This does not alter the legal effect of the notice. What matters is an unambiguous decision and the correct service of the document.

How should an employee draft a notice of termination of an employment contract?

The letter should be brief and precise. It is sufficient to include the town or city, the date the document was drawn up, the employee’s details, the employer’s details, the title of the letter, an unambiguous statement of termination and a signature. If the document is to serve as proof of delivery, it is advisable to leave space for the other party to confirm receipt. This arrangement reduces the risk of a dispute over the content and date of submission of the letter.

Two copies are the simplest way to safeguard the interests of both parties. One copy remains with the employer, and the other with the employee, bearing the signature of the person receiving it or some other confirmation of receipt. When a dispute arises over the date of termination of employment, it is precisely this second copy that proves most valuable. Without it, it is easier to make any claim than to prove a specific date.

Personal delivery is most reliable when the other party signs to acknowledge receipt on the copy or on a separate note. You can also send a registered letter to the company’s registered office. This second method works particularly well when relations at work are strained or there is no certainty that the document will be accepted without incident. Simply posting it without proof of posting is not enough.

Written form remains the safest option in terms of evidence, even when someone attempts to terminate the working relationship verbally or by telephone. The Supreme Court judgement of 5 May 2016, II UK 280/15, clearly shows that such behaviour does not necessarily invalidate a legal act, but it does open the way to legal claims. This means there is a real risk of a dispute over the course of the conversation and its consequences.

What should not be omitted from the letter itself?

The most common mistake is that the author includes only a general title and their handwritten signature. This is insufficient to constitute proper proof of service and to clearly establish the manner in which the contract is being terminated. The letter should clearly state whether it concerns ordinary termination with notice or termination without notice. The latter cannot be inferred from the context of the conversation.

What is the notice period for fixed-term and permanent contracts?

Less than 6 months’ employment means 2 weeks’ notice. For at least 6 months’ service, the period is 1 month, and for at least 3 years’ service, it is 3 months. These thresholds apply to both fixed-term and permanent contracts. The difference therefore lies not in the name of the contract itself, but in the length of service with the same employer.

Length of service with the employer is the decisive factor here. All previous employment contracts with the same employer are taken into account, as well as any situations where the business has been transferred to another employer. Anyone who has had several consecutive contracts without a long break often exceeds the threshold sooner than would be suggested by the most recent contract alone. This detail then determines whether the period is two weeks or a month.

Article 30(1) of the Labour Code

“by mutual agreement of the parties, or by notice given by one of the parties subject to the notice period (termination of the employment contract with notice);”

Act of 26 June 1974 – Labour Code

The number of days does not always correspond directly to the calendar date on which employment ends. Notice periods end at the end of a week or a month. In the case of a one-month notice period, a full calendar month is counted from the moment the notice is effectively served until the end of the following pay month. In the case of a three-month notice period, the mechanism works in a similar way, as it ends on the last day of the third consecutive calendar month.

How does this work in practice when calculating dates?

A notice served in mid-February, with a one-month notice period, usually results in the contract being terminated at the end of March only if this timing is based on a full calendar month calculated in accordance with labour law. With a three-month notice period, service in February usually postpones the end of the employment relationship to the last day of May. Therefore, the number of months alone is not sufficient. It is also necessary to check the date on which the document was effectively served.

Termination of a probationary contract – 3 days, 1 week or 2 weeks?

For a probationary contract shorter than 2 weeks, the notice period is 3 working days. Where the probationary period is longer than 2 weeks, the notice period is 1 week. For a contract concluded for 3 months, the notice period is 2 weeks. This arrangement is often misunderstood, as many people confuse working days with calendar days and consequently miscalculate the last day of employment.

The length of the probationary period directly affects the speed at which an employee can leave. An employee on a probationary period can therefore leave the company sooner than someone on a fixed-term or permanent contract. Such a contract serves to assess the organisation of work, the pace of induction and whether the duties suit both parties.

When calculating the notice period, a distinction must be made between the date of delivery of the notice and the date from which the notice period begins. In practice, it is not the date the document was drawn up that counts, but the moment when the other party was able to take note of it. In the case of a probationary contract, this detail is of great importance, as three working days can pass more quickly than one might think, especially if a weekend or a public holiday falls in between. If someone lumps a calendar week and a working week together, they can easily make a mistake as early as the first day after the letter is served.

An example illustrates this best. If an employee hands in their notice on a Wednesday under a two-week probationary contract, the three-day period does not automatically mean that Friday is the last day of employment. You need to check which days are working days and which are excluded from the count due to public holidays. In the case of a longer probationary period, such as one week, the employment ends at the end of the full week following the effective delivery of the notice. For a three-month probationary period, the notice period ends two weeks after the notice is given.

This type of employment offers both parties a quicker way out of the relationship, but it does not exempt them from calculating the time limits accurately. Employees often assume that, as the contract is short-term, they can leave almost immediately. This is not how time limits are calculated under employment law. Even with a short probationary period, the notice must be given in writing and the period calculated in accordance with the regulations, as an incorrect assumption could push the date of termination back by several days. For HR staff and the employee themselves, the safest approach is to record the date of delivery of the notice immediately and to calculate the end date separately according to the relevant type of probationary period.

Probationary period and notice

Anyone with a probationary contract lasting only two weeks who gives notice after a few days’ work may terminate the employment relationship three working days after the notice has been effectively served. If a public holiday or non-working day falls within this period, the deadline is adjusted in accordance with the rules for calculating working time. An employee hired for three months no longer benefits from such a short procedure and must wait two weeks, so the difference between the options is clear.

For the employee, this is a reminder to check the exact duration of the probationary contract and the date it was entered into before submitting the notice. For the employer, this means the need for a swift HR response, as once the notice of termination has been served, a statement of working hours and a certificate of employment must be prepared by the relevant date. If someone is planning to move to another company or wants to sort things out before the end of the month, it is a good idea to work out the deadline before handing over the document. This makes it easier to avoid a situation where a new job starts before the previous one ends, or vice versa.

Mutual agreement or notice of termination – which approach offers greater flexibility?

Ordinary notice of termination is a unilateral process. The employee submits a letter and triggers the notice period regardless of whether the other party accepts this decision. A mutual agreement requires the consent of both parties and allows a specific date for the end of the employment relationship to be set without having to wait until the end of the statutory notice period. This solution works well when the new job starts sooner than the standard notice period for terminating the old contract would allow.

The difference between these procedures is significant right from the stage of the discussion with the line manager. In the case of termination by the employer, the employee does not have to explain their decision, so the whole procedure tends to be simpler and less open to negotiation. In the case of a mutual agreement, the discussion often concludes with setting a date, handing over responsibilities and finalising HR matters without any tension, but only if the employer agrees to this scenario. If there is no agreement, the mere proposal of a mutual agreement does not yet finalise anything.

In this case, a mutual agreement can be advantageous for someone who wishes to leave sooner than after two weeks, one month or three months. This approach also affords greater flexibility when planning holiday leave, handing over projects and setting the final day of employment. However, it is important to remember that the absence of a notice period works both ways. The employee does not have to wait until the end of the notice period, but nor can they unilaterally impose a departure date. If you’re keen to leave quickly and your boss is open to discussion, reaching an agreement usually shortens the whole process more than a standard notice period.

Either party may terminate the employment contract by giving notice.

This sentence illustrates the simplest course of action. Notice is a unilateral tool, so the employee retains control over the fact of leaving, but not over how long they have to wait for the contract to end. A mutual agreement, on the other hand, offers greater flexibility regarding the date of termination, but requires the terms to be agreed with the other party. When time is of the essence, a mutual agreement is often quicker. When certainty regarding the decision is required from only one party, giving notice offers greater autonomy.

When changing jobs, it is also worth considering the financial implications. During the notice period, an employee retains the right to remuneration until the end of the contract, whereas with a mutual agreement, an earlier termination date can be set without the employee having to continue working. The opposite situation can also arise. Someone may wish to stay on for a few more days to finalise a project or sort out their paperwork. In such cases, a mutual agreement allows for a precise date to be specified, thereby avoiding disputes over whether the notice period ends on a Saturday or at the end of the month.

Article 32(1) of the Labour Code

“Either party may terminate an employment contract by giving notice.”

Act of 26 June 1974 – Labour Code

If you wish to leave quickly and stand a chance of gaining your employer’s consent, it is a good idea to start by proposing a mutual agreement. If you wish to retain full autonomy in your decision, give ordinary notice and ensure that the document is in writing and is served correctly.

How can you protect yourself after giving notice?

Employees often focus solely on the letter itself, and then simply wait for their last day of employment. This is a mistake, as several things happen between giving notice and the termination of the contract that have a real impact on your pay, documents and future employment. On the very day the notice is served, it is advisable to check whether the employer has acknowledged receipt on a copy or in a reply. Such evidence can later prove decisive should a dispute arise over the start date of the notice period.

If an employee has unused holiday entitlement, the employer may send them on holiday during the notice period or pay the equivalent in cash upon termination of the contract. In both situations, it is important to correctly account for hours worked, allowances and variable components. With a fixed salary, the matter is simpler, but with bonuses, overtime and discretionary components, mistakes can easily be made. It is therefore advisable to keep pay slips, work schedules and your own notes on the days worked.

On the day the contract is terminated, the employer must issue an employment reference. This document must not contain any errors regarding the date of termination of employment, nor regarding information on holiday taken or any wage garnishment. If an entry is incorrect, the employee has the right to request a correction. The same applies if the company delays issuing the certificate or provides it with incomplete details.

The formalities with ZUS are also important. The employer must deregister the employee from social security within 7 days of the employment relationship ending. From the perspective of someone leaving the company, this is not a mere technicality, as the continuity of social security records and the subsequent settlement of benefits depend on it. If, after leaving, you are planning to take up new employment or register with the jobcentre, it is best to have your employment certificate and confirmation of the termination of your contract to hand.

In the case of a longer notice period, you may also encounter a release from the obligation to perform work. In such cases, the employee retains the right to remuneration but is not required to attend the workplace. However, it is important to remember that such an exemption does not automatically mean the end of duties of loyalty. The obligation to protect confidential information and the prohibition on acting to the detriment of the employer remain in force until the very last day of the contract.

When is it worth considering termination without notice?

Immediate termination of the contract by the employee may sound like a quick way out of a difficult situation, but this procedure only applies where there is a strong legal basis. Most commonly, this involves a medical certificate indicating that the work is harmful to the employee’s health, or a serious breach of fundamental obligations by the employer. In both cases, the notice must be in writing and state the reason. Without this, the notice may not have the effect the employee expects.

The riskiest situations are those relating to pay and health and safety at work. If wages are paid late over a prolonged period, reduced without justification, or the company disregards health and safety regulations, there are genuine grounds for considering immediate termination. The situation is similar in cases of persistent humiliation, harassment or a refusal to fulfil obligations towards a seriously ill employee. Mere dissatisfaction with the working atmosphere is not enough; one must be able to demonstrate a serious breach of duties.

The time limit is also important. An employee has one month from becoming aware of the circumstances justifying termination without notice. Once this period has elapsed, the dispute may be more difficult to win, even if the situation was genuinely serious. Therefore, when taking such a step, it is advisable to secure evidence straight away, such as email correspondence, payment reminders, medical certificates or notes on incidents at work.

A notice of termination without notice must be submitted in writing and must state the reason.

This procedure can be advantageous when continuing to work for the company risks damaging one’s health, or when the relationship with the employer has already been definitively severed due to a serious breach of their duties. However, it does not provide complete freedom of action without risk. If the reason proves to be weak or poorly documented, the other party may seek damages.

When is one signature not enough?

There are situations in which drafting a notice of termination yourself is only sufficient on paper. Where pregnancy, pre-retirement protection, trade union activity or a dispute over workplace bullying are involved, a standard letter template ceases to be a safe option. In such cases, it is not only the content of the document that matters, but also the timing of its delivery and what is recorded in the employee’s personnel file and internal correspondence.

Particular caution is required in cases of summary dismissal and where an employee is entitled to compensation. In such cases, evidence must be gathered either before the letter is handed over or immediately afterwards. The dates of emails, confirmation of salary transfers, meeting minutes and the content of medical certificates are all crucial. Without this, even a justified decision may be difficult to defend in an employment tribunal.

Consulting with HR or a lawyer is also helpful when the contract contains unusual provisions regarding financial liability, non-competition clauses or additional rules governing settlements following departure from the company. Such clauses can affect the final payout more than the notice period itself. Sometimes, a single mistake regarding the date of service or an incorrectly stated method of contract termination is enough for the entire dispute to stem from a basic formal error.

• Pregnancy or pre-retirement protection require a check on the restrictions regarding contract termination.
• Mobbing or harassment must be supported by evidence recorded on an ongoing basis.
• Immediate termination requires a precise description of the reason and compliance with the one-month notice period.
• Unusual clauses in the contract may alter the settlement arrangements following departure from the company.

In the event of a dispute, it is better not to base decisions solely on emotions or verbal assurances from the other party. A single well-drafted letter and a complete set of documents provide greater protection than a hasty move without securing evidence.

Frequently asked questions

Sources

• https://www.pip.gov.pl/dla-pracodawcow/porady-prawne/stosunek-pracy
• https://www.biznes.gov.pl/pl/portal/00203