A Warsaw-based logistics company plans to cut 25 positions in a single month. The HR director assumes a standard termination process applies. That assumption is wrong – and the consequences of that error are irreversible.

Polish collective dismissal law sets mandatory thresholds that trigger a separate, regulated procedure whenever headcount reductions exceed defined limits within a 30-day window. Employers must notify the District Labour Office (Powiatowy Urząd Pracy, PUP) and consult with employee representatives before issuing any notices. Failure to follow this sequence renders the dismissals legally defective and exposes the company to reinstatement claims and financial penalties.

This alert covers three things: which employers and redundancies fall within the collective dismissal regime, what the notification and consultation obligations require, and what your team should do before the first termination letter goes out.

Who does the collective dismissal regime cover?

Polish employment legislation applies the collective dismissal procedure to employers with at least 20 employees. That threshold is calculated by reference to the total headcount, not full-time equivalents. Part-time workers, fixed-term employees, and those on parental leave all count. The National Court Register (KRS) entry is irrelevant – what matters is the actual employment relationship.

The trigger thresholds within a 30-day rolling period are:

  • 10 or more dismissals where the employer has 20 to 99 employees
  • 10% of the workforce where the employer has 100 to 299 employees
  • 30 or more dismissals where the employer has 300 or more employees

Dismissals for reasons not attributable to employees – restructuring, budget cuts, site closure – count toward the threshold. Mutual termination agreements also count if they are employer-initiated and form part of the same reduction plan. Many HR teams overlook that last point. A company that secures 12 "voluntary" departures as part of a planned headcount reduction has still triggered the regime. Ignoring this forfeits the employer's ability to defend the process later.

The State Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) actively monitors compliance. Inspectors may request documentation at any stage, including internal communications showing when the decision to reduce headcount was made.

What do notification and consultation require?

Once the thresholds are met, the employer must open a consultation process with the works council (rada pracowników) or, where none exists, with trade unions operating at the workplace. If no representative body exists, employees elect ad hoc representatives. Consultation must begin before any dismissal notice is issued – not simultaneously, not after.

The consultation covers the reasons for the reduction, the number and categories of employees affected, the selection criteria, the timeline, and any severance or support measures. This is not a formality. Courts have set aside collective dismissals where the employer provided only a summary of reasons or refused to share financial data underpinning the decision.

Simultaneously with opening consultation, the employer must notify the District Labour Office (PUP) in writing. The PUP notification must include the same information provided to employee representatives. The employer cannot issue dismissal notices until at least 20 days after the PUP receives that notification. That 20-day period is a hard floor – it cannot be shortened by agreement.

We secured a reversal of an unlawful collective dismissal procedure for a manufacturing client in the Mazowieckie region (autumn 2025), where the employer had notified PUP and employee representatives on the same day it issued termination letters. The court found the entire process void. Reinstatement of 18 employees followed.

For employers with a significant share of foreign nationals – including those holding a work permit Poland or EU Blue Card – the collective dismissal process intersects with permit validity rules. Termination of employment may affect the permit holder's right to remain in Poland, which adds urgency to sequencing the process correctly.

What should your team do now?

If your company is approaching any of the headcount thresholds, three immediate steps apply. First, map the total number of planned departures over the next 30 days, including mutual terminations. Second, identify whether a works council or trade union is present. Third, do not issue any termination documents until the consultation and PUP notification process is complete.

Practical checklist before the first notice goes out:

  • Confirm total headcount and applicable threshold
  • Identify employee representative body or initiate election of ad hoc representatives
  • Prepare the written notification for PUP and the consultation document for representatives
  • Allow the 20-day statutory period to run from PUP receipt
  • Document every stage of consultation in writing

Employers operating across multiple sites should note that the threshold applies per legal entity, not per location. A company with three offices in Warsaw, Kraków, and Gdańsk counts all employees together. Restructuring programmes that stagger dismissals across months to stay below the 30-day threshold may still be challenged if a court finds the reductions formed a single plan. That risk is real and the consequence – voiding all dismissals – is irreversible.

Whistleblower protection rules under Polish law also intersect here. An employee who has reported an irregularity cannot be dismissed as part of a collective reduction without additional procedural safeguards. Overlooking this precludes a clean exit and creates separate liability exposure.

For companies relocating staff or managing cross-border workforce changes, the interaction with posted workers from Spain to Poland rules and social security obligations adds another layer. Separately, finance teams coordinating redundancy costs should be aware that invoicing and documentation obligations – including those arising under KSeF – continue to apply during restructuring periods.

Your company's specific situation may not leave room for a second attempt. A defective collective dismissal procedure does not just delay the restructuring – it can void it entirely and trigger personal liability for the managers who signed the notices.

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

Frequently asked questions

Q: Can we avoid the collective dismissal regime by spacing terminations over two months?

A: Not reliably. Polish courts assess whether a series of dismissals formed a single organisational decision, regardless of the calendar spread. If the reductions were planned together, a court may treat them as one collective dismissal event. Staggering dates without a genuine operational reason behind each wave carries significant legal risk.

Q: How long does the full collective dismissal process typically take?

A: At minimum, the process runs 20 days from PUP notification before any notice can be issued. In practice, consultation with employee representatives often takes longer – typically 30 to 45 days from start to first valid termination. Employers should build that timeline into any restructuring plan from the outset.

Q: Does the regime apply to companies that have no works council or trade union?

A: Yes. Where no representative body exists, employees elect ad hoc representatives specifically for the consultation. The absence of a standing works council does not exempt the employer from the consultation requirement. Proceeding without any consultation is one of the most common – and most costly – procedural errors we see.

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 restructuring, collective dismissal procedures, and workforce mobility. 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.