A Warsaw-based logistics company with 120 employees decides to restructure its operations. Within a single quarter, it plans to terminate 25 contracts. The HR director assumes a standard notice period is sufficient. Two weeks later, the company faces a claim from the District Labour Court (Sąd Rejonowy – Wydział Pracy) for failure to follow collective dismissal procedure. The financial exposure: reinstatement orders or compensation awards for every affected employee.

Polish collective dismissal law – governed by the Act on Special Rules for Terminating Employment Relationships for Reasons Not Attributable to Employees (ustawa o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn niedotyczących pracowników) – applies whenever an employer with at least 20 employees terminates a defined number of contracts within 30 days. The thresholds are 10 employees (employers with 20–99 staff), 10% of the workforce (100–299 staff), or 30 employees (300 or more staff). Failure to complete the mandatory consultation and notification process before issuing termination notices renders those notices legally defective.

This alert covers three areas: which dismissals trigger the procedure, what the consultation and notification obligations require, and what employers must do immediately to stay compliant.

When does the collective dismissal procedure apply?

The threshold calculation is the first point of failure for most employers. The 30-day window is a rolling period, not a calendar month. An employer must count all terminations made for reasons not attributable to employees – including mutual termination agreements concluded at the employer's initiative – toward the threshold. Ignoring agreements and counting only unilateral notices is a common and costly mistake.

The National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) monitors compliance closely. PIP inspectors can review payroll records and termination documentation going back three years. An employer that crosses the threshold unknowingly still bears full liability. There is no good-faith exception under Polish employment law.

Several categories of employees receive additional protection. Employees on parental leave, those in a pre-retirement protection period (typically four years before reaching retirement age), and trade union representatives cannot be dismissed as part of a collective redundancy without satisfying heightened procedural requirements. Overlooking even one protected employee can invalidate the entire dismissal round.

  • Employer with 20–99 employees: threshold is 10 terminations in 30 days
  • Employer with 100–299 employees: threshold is 10% of the workforce in 30 days
  • Employer with 300 or more employees: threshold is 30 terminations in 30 days
  • Mutual agreements at the employer's initiative count toward the threshold
  • Protected categories require separate procedural steps

For employers operating across multiple jurisdictions, the threshold analysis becomes more complex. A German investor running a Polish subsidiary must apply Polish thresholds to the Polish legal entity, regardless of group-level headcount. Cross-border restructurings handled through our employment practice in France illustrate how different EU member states apply the EU Collective Redundancies Directive with significant local variation.

What are the consultation and notification obligations?

Once the threshold is met, the employer must open a written consultation with trade unions or – where no union exists – with employee representatives elected specifically for this purpose. The consultation must begin before any termination notice is issued. Issuing notices first and consulting afterwards is not a procedural irregularity; it is a fundamental breach that exposes the employer to reinstatement claims.

The consultation covers the reasons for the redundancies, the number and categories of employees affected, the selection criteria, the timeline, and the severance terms. The employer must provide this information in writing. The consultation period lasts a minimum of 20 days where trade unions are present. Without unions, the period is shorter but the written information requirement remains identical.

We obtained interim relief protecting an IT employer in Małopolska from a PIP enforcement action after the company had issued notices without completing consultation (spring 2025). The case turned on whether the employer had provided written information at least 20 days before the first notice. It had not. The lesson: the 20-day clock starts from the date the written information reaches the union or representatives – not from the date the employer decides to restructure.

Notification to the District Labour Office (Powiatowy Urząd Pracy, PUP) is a parallel obligation. The employer must notify PUP in writing at the same time as it opens consultation. A second, final notification must follow once the consultation concludes. Termination notices may not be issued until 30 days after the final PUP notification. This 30-day standstill period is absolute. Employers frequently miscalculate it by starting the count from the wrong date.

What should employers do now?

Any employer planning to reduce headcount by even a fraction above the applicable threshold should act before issuing a single notice. The procedural sequence is non-negotiable: information to unions or representatives first, consultation second, PUP notification in parallel, standstill period observed, notices issued last. Reversing or compressing any step forfeits the employer's ability to rely on the dismissals as legally valid.

Severance pay obligations also arise automatically. Employees dismissed under the collective procedure are entitled to severance of one, two, or three months' salary depending on their length of service. The maximum severance is capped at 15 times the minimum wage – currently PLN 32,175 (based on the 2026 minimum wage of PLN 4,666 gross per month). Employers must budget for this before announcing the restructuring.

We assisted a manufacturing client in Mazowieckie in structuring a 35-person redundancy round that included three trade union representatives and two employees in pre-retirement protection (winter 2025). Proper sequencing avoided litigation entirely. The process took 47 days from the first written information to the final notices – within budget and without a single court claim.

Employers with foreign workers should also verify whether any affected employees hold a work permit Poland requires for their role, or an EU Blue Card. Terminating a permit-holder triggers separate immigration notification obligations. An employment lawyer Warsaw-based clients rely on should review both the labour and immigration dimensions simultaneously. For posted workers, the rules differ further – see our analysis of posted workers from Switzerland to Poland and A1 certificates.

Whistleblower protection under Polish law adds a further layer. Since the whistleblower Poland framework entered into force, employees who have reported irregularities enjoy enhanced protection against dismissal. Including such an employee in a collective redundancy without specific legal advice risks a separate retaliation claim. For context on how intellectual property and employment intersect in technology-sector restructurings, see our note on software copyright protection under Polish law.

Immediate action checklist:

  • Count all terminations – including mutual agreements – over the past 30 days
  • Identify protected employees before finalising any selection list
  • Prepare written information for unions or elected representatives
  • File the initial notification with PUP on the same day consultation opens
  • Observe the full 30-day standstill period before issuing any notice

Specific restructuring plans carry irreversible consequences if the procedural sequence is broken. A single premature notice can invalidate the entire collective dismissal round and expose the company to reinstatement orders for all affected employees.

To receive an expert assessment of your redundancy procedure, contact info@kordeckipartners.com.

Frequently asked questions

Q: Can an employer avoid the collective dismissal procedure by spacing terminations across two calendar months?

A: No. The 30-day window is a rolling period, not a fixed calendar month. If the threshold number of terminations occurs within any consecutive 30-day period, the collective dismissal procedure applies regardless of how the terminations are distributed across months. Deliberately spacing terminations to avoid the threshold may itself constitute an abuse of employment law.

Q: How long does the entire collective dismissal process take, and what does it cost?

A: The minimum timeline is approximately 50 days from the first written information to the date the last notice takes effect. This includes at least 20 days of consultation, the 30-day PUP standstill period, and the individual notice period (minimum two weeks for employees with less than six months' service, up to three months for those with three or more years). Severance costs range from one to three months' salary per employee, capped at 15 times the minimum wage.

Q: Is it a misconception that collective dismissal rules only apply to large companies?

A: Yes. The rules apply to any employer with at least 20 employees. A company with 25 employees that terminates 10 contracts in 30 days is fully subject to the collective dismissal procedure. Many small and mid-sized businesses learn this only after receiving a court claim. The threshold for smaller employers – 10 employees – is reached quickly during any meaningful restructuring.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to employment law, collective redundancy procedures, and workforce restructuring. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.