Both the employee and the employer have the right to terminate the employment contract. You can express your intention to end the work in writing at any time, but the notice period depends on the type of contract concluded and its duration. Check when the notice is counted and how long it lasts.
Find out the answers to the following questions:
- Termination of an employment contract – definition
- Notice period on an employment contract – when is the contract terminated?
- What is the notice period for a probationary period contract?
How much notice is in force in individual cases? - Termination of a contract of mandate
- Frequently Asked Questions
- What does the notice period depend on?
- Notice period – from when does it count? Employment contract
2 weeks - When is the 3-month notice?
- When is the one-month notice period?
- How much notice after 2 years of work?
- 3-month notice period – how to shorten it?
- Is probationary period included in the notice period?
Termination of an employment contract – definition
Termination, commonly known as dismissal, is one of the types of termination of employment that is allowed by the Labor Code.
They can be submitted by either party, i.e. the employer and the employee.
This declaration of intent does not require the consent of the other party.
In most cases, the notice period of the employment contract must be observed, after which it is terminated.
The notice period is the time elapsing between the submission of the relevant letter and the termination of the employment relationship.
Notice period on an employment contract – when is the contract terminated?
Termination of an employment contract may take place:
- after a written statement by one of the parties, the notice period must be observed;
- The Labour Code also allows, in certain situations, the termination of the employment relationship without notice (in exceptional situations, for example, disciplinary dismissal or in the event of a serious breach of the employer’s obligations towards the employee);
- by mutual agreement;
- after the expiry of the period for which it was concluded.
In the case of the first point, the notice period must be observed. It is the same, regardless of who submitted it.
Do you have to justify the termination notice?
An employer can terminate any employment contract with an employee. In the case of fixed-term or indefinite-term employment contracts, they must provide a specific reason.
In the case of concluding a contract for a trial period, the statement of termination of the contract with notice does not have to be justified.
Importantly, an employee who gives notice is not obliged to disclose the reasons for leaving the job.
What is the notice period for a probationary period contract?
An employee who is employed under a probationary employment contract has different rights than in the case of a fixed-term or indefinite contract. However, this does not mean that he can leave his job overnight or be fired in this way.
- The notice period is 3 working days if the probationary period does not exceed 2 weeks;
- A one-week notice period applies if the probationary period is more than 2 weeks;
- A 2-week notice period applies if the probationary period is 3 months.
How much notice is in force in individual cases? Notice periods for employment contracts
The notice period for a fixed-term and indefinite employment contract depends on the employee’s length of service in a given company. This means that it includes all employment contracts concluded with the same employer, regardless of their number, even if the workplace has been transferred to another employer. What is the notice period for an employment contract?
If you work:
- up to 6 months, it is 2 weeks;
- from 6 months to 3 years, it is 1 month;
- more than 3 years, it is 3 months.
The notice period covering a week, a month or a multiple thereof ends:
- on Saturday
- or on the last day of the month.
Notice period employment contract: how to count the period of employment for notice?
Company seniority, i.e. the time you work in a company, is calculated as follows.
- The length of service includes the period of employment with a given employer, from the date of commencement of work until the notice period expires, i.e. the employment contract is terminated.
- When the workplace has been transferred to another employer, it is included in the period of employment.
- Periods of employment under employment contracts with one employer add up, even if several contracts were concluded and there were breaks between them.
3-month notice period – from when does it count? Example
Ms. Joanna Kowalczykiewicz was employed at GHIJ on 07.09.2020. Due to the fact that he has been working for the same employer for more than 3 years, in this case there is a 3-month notice period. She delivered the notice of termination in writing on 12.01.2024. The notice period ends on 30.04.2024.
3-month notice – justification
The provision in the Labour Code dispels doubts about how the notice period is calculated.
Art.
30.
§ 21 of the Labour Code [Przepisy ogólne o rozwiązaniu umowy o pracę]
“The notice period of an employment contract covering a week or a month, or a multiple thereof, ends on a Saturday or on the last day of the month, respectively.”
Based on the example given, regardless of whether Joanna would have submitted the relevant document on January 1 or January 31, the 3-month notice period would have ended on the same day, i.e. 30.04.2024.
1-month notice period – from when does it count? Template and Overview
Mr. Jakub Nowaczyk has been employed under an employment contract for an indefinite period of time at ABCD since 04.09.2022. He is obliged to give one month’s notice. He delivered a written notice of termination to the employer on 29.02.2024. The contract will be terminated on 30.03.2024.
The notice period should be counted from the first day of the month following the month of submission of the notice.
In the case of Mr. Jakub, this date is 01.03.2024.
It doesn’t matter that 2024 is a leap year and February has 29 days.
We do not take into account the length of individual months. The notice period always flows from the first day of the month following the month of notice and always ends on the last day of the calendar month.
How to calculate the 2 weeks notice period? We dispel doubts
The question of how to calculate the notice period of 2 weeks is much simpler if we know the basic rule:
The 1 or 2 week notice always expires on Saturday.
2-week notice – example
Mr. Andrzej Baranowski is subject to a two-week notice period. He submitted it in writing on Monday, 01.01.2024. The notice period ends on Saturday, 20.01.2024.
Exemption from performing employee duties
For the period of termination of the contract, the employer may release the employee from performing duties.
The employee then retains the right to remuneration.
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Termination of a contract of mandate
A contract of mandate can be terminated by both parties at any time, without notice.
The principal who terminates the mandate contract should reimburse the contractor for the expenses he made for the proper performance of the mandate, pay remuneration for a part of the mandate performed, and in the event of termination without a valid reason – repair the damage.
A contractor who terminates a contract of mandate without a valid reason is liable for damage.
Notice periods on a contract of mandate
A contract of mandate is a civil law contract that gives a lot of freedom in terms of the regulations contained therein, including the notice period. The parties may exclude from the contract of mandate the possibility of terminating it at any time. In practice, this means that they set any notice period for the contract of mandate, for example a day, a week or a month.
Frequently Asked Questions
What does the notice period depend on?
The notice period of an employment contract depends on the time of work with a given employer.
Notice period – from when does it count? Employment contract
The one-month and three-month notice period is counted from the first day of the calendar month following the month in which the notice was submitted.
The two-week notice period is counted from the first Sunday following the notice of termination.
2 weeks Termination – how to count?
The two-week notice period begins to run on the first Sunday following the date of the notice of termination, so the last day of the notice period counted in weeks is always Saturday.
When is the 3-month notice?
A three-month notice period applies if you have been employed by the same employer for a minimum of 3 years.
When is the one-month notice period?
The notice period for your employment contract is one month when you have been working for the same employer for at least 6 months.
How much notice after 2 years of work?
After two years of working for one employer, you have one month’s notice.
3-month notice period – how to shorten it?
If you want to shorten your 3-month notice period, you can apply to your employer. Remember, however, that the employer does not have to agree to such a solution. However, if your request is approved, you will be able to conclude an agreement to shorten the notice period for any period by mutual agreement.
Is probationary period included in the notice period?
The probationary period is included in the length of service, which determines the notice period of the employment contract, so the answer is yes, the probationary period is included in the notice period.
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Nika Walęcka
Copywriter, author of articles with practical advice that will help you look for satisfying employment. It provides a lot of information that is useful in preparing applications, conducting job interviews and building a professional image.
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