Elementy konieczne wypowiedzenia umowy o pracę przez pracodawcę

If you would like to terminate employment contract of your employee, make sure that all the required elements are on the notice. Only then will it be effective.


Elements of termination of the contract for an indefinite period

Termination of the employment contract should be in writing signed by the employer or a person legally empowered to perform such activities on behalf of the employer. The following information should be there:

  • locality and date,
  • data of the employer and worker
  • date of conclusion and the contracting party,
  • a statement of termination of the employment contract
  • statement that the period of notice has been maintained, specifying the time limit for its expiry (in the case of termination of the contract subject to the notice period) or statement of termination of the contract pursuant to Art. 52 or Art. 53 of the Labour Code (in the case of termination of the contract without notice period)
  • signature of the denouncing party and the receiving party.
  • an indication of the employee's right to appeal to the labour court (specify the labour court with territorial jurisdiction)
  • IMPORTANT: YOU MUST INDICATE THE REASONS FOR TERMINATION OF THE AGREEMENT: the reason should be specific (please indicate in the statement  the facts and factual circumstances concerning an employee or his/her behaviour in the process of performance of the work or events, also independent from him/her, which have an impact on the employer's decision), true and justified.

Termination of a fixed-term contract

Termination of a fixed-term contract should include information such as:

  • locality and date,
  • the data of the employer and worker
  • the date of conclusion of contract and the contracting parties,
  • a statement of termination of the employment contract
  • a statement that the period of notice has been maintained, specifying its expiry date or statement of termination of the contract pursuant to Art. 52 or Art. 53 of the Labour Code (in the case of termination of the contract without notice)
  • signature of the denouncing party and the receiving party.
  • an indication of the employee's right to appeal to the labour court (specify the labour court with territorial jurisdiction)

Remember: lack of all the elements means that the employee may file a claim to the labour court in connection with an unjustified or illegal termination of the employment contract, i. e. reinstatement or claim for damages.

Legal basis

 

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