On paper, dismissing an employee in Poland looks straightforward. In practice, a single procedural misstep – an unsigned notice, a missing reason, or a consultation skipped – can expose the employer to reinstatement claims or compensation awards reaching several months of salary. Polish employment courts are busy, and employees know their rights.

Polish employment law, governed by the Kodeks pracy (Labour Code, KC), requires employers to follow a strict written procedure when terminating an indefinite-term employment contract. The notice must state a specific, genuine reason for termination. Works council or trade union consultation is mandatory in many cases, and failure to comply forfeits the employer's ability to defend the dismissal in court.

This alert sets out what the current rules require, which employers are most exposed, and what immediate steps reduce litigation risk to a manageable level.

What does a lawful termination notice require?

The Labour Code imposes three non-negotiable elements on every termination of an indefinite-term contract. First, the notice must be in writing – an oral dismissal is legally void. Second, it must state the reason for termination. Third, it must inform the employee of the right to appeal to the sąd pracy (Labour Court). Missing any one of these three elements gives the employee a strong procedural claim, regardless of whether the underlying reason was valid.

Notice periods depend on the employee's length of service with the employer. Two weeks applies after less than six months; one month after at least six months; three months after at least three years. These periods cannot be shortened by contract below the statutory minimum. An employer that pays out salary in lieu of notice must still issue a written document recording the reason – silence does not protect against a later claim.

The reason stated must be specific and real. Courts regularly void dismissals where the stated reason was vague – phrases such as "restructuring" without further detail have been rejected. A manufacturing client in Mazowieckie avoided a reinstatement award in winter 2025 after we helped them reframe a redundancy notice to include the precise organisational change, the affected post, and the selection criteria applied among comparable employees.

Who is protected, and what are the consultation requirements?

Several categories of employee enjoy enhanced protection that either prohibits termination outright or requires additional procedural steps. Protection applies automatically – the employer cannot contract out of it. Failing to identify a protected employee before issuing notice is one of the most common and costly mistakes in Polish employment practice.

Protected categories include:

  • Employees on pre-retirement protection (within 4 years of reaching retirement age)
  • Pregnant employees and those on maternity, parental, or paternity leave
  • Trade union members and officials (consultation or consent required)
  • Whistleblowers under the ustawa o ochronie sygnalistów (Whistleblower Protection Act) – termination within 2 years of a report triggers a presumption of retaliation
  • Employees on sick leave lasting less than the statutory protection period

Where a trade union operates, the employer must notify the union in writing and allow it up to 5 working days to object before issuing notice. This requirement applies even if the employee is not a union member, provided the union agrees to represent them. Foreign investors operating Polish subsidiaries – including those relocating staff under global mobility arrangements from the Netherlands – frequently overlook this step when union structures exist at the Polish entity.

The National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) monitors compliance and can challenge terminations independently of the employee. Employers with operations funded through EU instruments should note that PIP audits linked to KPO and RRF compliance reviews increasingly include employment documentation checks.

What should employers do immediately?

Three immediate actions reduce exposure before any termination notice is issued. First, verify the employee's status against every protected category – pregnancy, pre-retirement age, union membership, and whistleblower status. A missed protection forfeits the dismissal entirely and may require reinstatement plus back pay for the full litigation period, which routinely runs 12 to 18 months. Second, draft the reason with precision. Generic language is the single most litigated defect in Polish dismissal cases.

Third, complete consultation before issuing notice. For companies employing workers who hold a work permit Poland or an EU Blue Card, additional checks apply: terminating a permit-holder may trigger obligations to notify the Urząd do Spraw Cudzoziemców (Office for Foreigners) and the relevant Urząd Pracy (Labour Office) within 7 days. Failure to notify is a separate administrative offence. An employment lawyer Warsaw-based or operating across Poland can map these parallel obligations before the notice is signed.

What to prepare before issuing any termination notice:

  • Written confirmation of the employee's length of service and applicable notice period
  • Documented check of protected status (pregnancy, pre-retirement, union, whistleblower)
  • Draft termination reason reviewed for specificity and factual accuracy
  • Evidence of union notification and the 5-day waiting period, if applicable
  • Permit or visa status check for non-EU nationals, with notification deadlines noted

We obtained a withdrawal of a Labour Court claim for a technology employer in Małopolska in spring 2026 after restructuring their termination documentation mid-process – before the hearing date. Early intervention consistently produces better outcomes than post-claim damage control.

Every employer that terminates employment without a documented pre-notice checklist is one procedural gap away from a reinstatement order that cannot be undone once the court issues it.

For a tailored assessment of your termination procedure and exposure, contact info@kordeckipartners.com. If your company is managing multiple dismissals or a redundancy programme involving protected employees or permit-holders, our team will review documentation, run the consultation process, and prepare court-ready records – before the notice is signed.

Frequently asked questions

Q: Can an employer terminate an employee during sick leave?

A: Termination by notice is prohibited while the employee is on sick leave, provided the absence does not exceed the statutory protection period – generally 182 days for illness, or 270 days where the employee has been employed for at least 6 months. Once that period expires, notice may be issued. Summary dismissal for gross misconduct is a separate procedure and is not subject to the same restriction.

Q: How long does an employee have to appeal a dismissal to the Labour Court?

A: Under the Labour Code, an employee must file an appeal with the Labour Court within 21 days of receiving the written termination notice. Missing this deadline generally bars the claim, though courts may restore the deadline in exceptional circumstances. Employers should not assume that a late filing will automatically be rejected – a formal response is still required.

Q: Does the consultation requirement apply to small employers without a trade union?

A: Where no trade union operates at the employer, the consultation obligation does not apply in the same form. However, if a trade union is present and the employee requests representation – even informally – the employer must follow the notification and waiting procedure. Employers who are uncertain whether a union structure exists at their Polish entity should verify this with the National Court Register (KRS) and directly with HR before proceeding.

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 termination, redundancy programmes, and workforce compliance. 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.