Dyscyplina pracy, jak i kiedy możesz zwalniać pracowników?
The Labour Code gives the employer the right to terminate the employment contract without notice for reasons attributable to the employee. This is known as the so-called disciplinary dismissal. This termination procedure can be applied to the termination of any type of employment contract, including fixed-term or probationary contracts, with any employee, even those particularly protected by labour law. However, even if there is a ground for disciplinary dismissal, the employer decides whether to part with the employee in such a way.
Since disciplinary dismissal is particularly severe for an employee, it should be considered and justified.
You can use this termination mode if:
- the employee has seriously infringed his or her basic employment obligations
Basic duties include observance of working time, order and rules of work, observance of the regulations and principles of health and safety at work, care for the good of the workplace and observance of professional secrecy and principles of social coexistence. Duties are generally included in the scope of duties on a given job position and in the company's regulations. In order to avoid potential misunderstandings with employees, such documents should be created, made available and required to be complied with by employees.
In addition, the breach of obligations must be grave. The employer must prove that there has been a serious breach of obligations. These may include theft, destruction of company property, acting to the detriment of the employer, unexplained absence, non-compliance with health and safety regulations, alcohol consumption at the workplace, etc.
- during the term of the contract, the employee has committed a criminal offence which prevents him from continuing to be employed in his post
The offence must be committed during the duration of the employment contract (not before) and must be obvious or confirmed by a final court judgment. In addition, committing a crime prevents the employee from being employed further.
- the employee, through his or her own fault, has lost the rights necessary to perform his or her job
This refers to the entitlements that result from general legal regulations and not from the employer's internal requirements - e. g. driving licence. Loss of rights must be the fault of the employee, e. g. loss of driving licence due to drinking alcohol.
- Disciplinary dismissal may be handed in only within one month from the moment when the employer becomes aware of the reason justifying the dismissal.
- If the employee is represented by a trade union organisation, the employer should inform the employee of the planned dismissal and the reason for the termination of the contract. If the company's trade union organisation has doubts about the grounds for termination of the agreement, it shall express its opinion within 3 days. However, the employer is not bound by the opinion of the union (but note: there are exceptions, e. g. for trade unionists).
- The notice of termination must be in writing and state the reasons that justify termination of the contract. It should indicate the date on which the employment relationship is to be terminated and contain a statement of the employee's right to appeal to the labour court.
Remember! If you opt for disciplinary dismissal, it is essential that you keep all the conditions of dismissal so that in the event of an employee's dismissal the court does not consider it illegal, which may have negative consequences for you.