Notice periods are a crucial element of the employment relationship. This article highlights the key aspects of notice periods. You will learn how to calculate them and explore whether they can be extended or shortened.
Table of Contents
- What is a Notice Period?
- Who is subject to notice periods and what do they depend on?
- Notice Periods Under Labor Law
- How to Determine a Notice Period?
- Notice periods – how to calculate them?
- Is it Possible to Extend Notice Periods?
- Is it Possible to Shorten Notice Periods?
- Notice Periods. Summary
- Frequently Asked Questions About Notice Periods
What is a Notice Period?
The notice period is the time that must pass:
- from the moment a termination notice is submitted,
- until the actual end of the employment relationship.
This period allows both the employee and employer to prepare for the termination.
Who is subject to notice periods and what do they depend on?
The Labor Code grants both employer and employee the right to terminate the contract with a notice period.
The contract ends after the notice period has expired. Its length depends on:
- the type of contract, e.g., indefinite-term contract,
- the length of employment with the specific employer.
Notice Periods Under Labor Law
Notice periods are explicitly defined by the Labor Code. According to Art. 34 of the Act, the notice period for a probationary employment contract depends on its duration. The specific length is:
- 3 working days if the trial period does not exceed 2 weeks,
- 1 week when the trial period is longer than 2 weeks,
- 2 weeks if the trial period is 3 months.
Article 36 § 1 of the Labour Code sets out the rules for termination of employment contracts for fixed and indefinite terms. The notice period depends on the length of employment with a given employer:
- 2 weeks for employment shorters than 6 months,
- 1 month for employment longer than 6 months,
- 3 months for employment longer than 3 years.
These regulations ensure both parties have time to adjust to contract termination.
How to Determine a Notice Period?
The notice period for a probationary employment contract corresponds to the duration of the contract. A shorter probationary period results in a shorter notice period. Consequently, a longer probationary period requires a longer notice period.
For fixed-term and indefinite-term contracts, the total length of work for a given employer matters. The period of employment refers to the total time worked in a given company. It includes:
- the current employment contract,
- previous periods of employment with the same employer, even if there were breaks in service.
Court rulings [1] confirm that the notice period (Article 36 §1 of the LC) depends on the length of employment with a given employer. It is calculated:
- from the moment of concluding the employment contract,
- until the date of its termination, which occurs after the expiry of the notice period.
Notice periods – how to calculate them?
Notice periods must be calculated according to the Article 30 § 21 of the Labour Code. The provision states that notice periods:
- counted in weeks, end on Saturday,
- counted in months, end on the last day of the month.
It is worth noting that these periods cover only full weeks and months. In the case of a notice period counted in days, only working days that follow the date of termination are considered. This means that:
- Sundays and
- public holidays
are not taken into account.
Is it Possible to Extend Notice Periods?
In certain situations, labour law allows for extended notice periods. This applies to employees hired in positions involving financial responsibility for the entrusted property (Art. 36 § 5 of the Labour Code).
If the employee was hired for:
- less than 6 months, the notice period may be extended to 1 month,
- at least 6 months, the notice period can be 3 months.
This provision aims to help the employer settle accounts with the employee.
Is it Possible to Shorten Notice Periods?
Article 18 of the Labor Code states that employment terms cannot be less favourable to the employee than labour law provisions.
This means that any provisions that are less favourable to the employee:
- are considered invalid,
- are replaced by the relevant labour law provisions.
However, notice periods can be shortened under certain conditions. Article 36 § 6 of the Labour Code introduces such possibility. It allows the parties to agree on an earlier termination date after one of them has given notice. However, this does not change the mode of employment contract termination.
Additionally, the employer has the right to shorten the notice period in cases of:
- the company’s bankruptcy or liquidation,
- other reasons unrelated to the employee (Article 36§1 of the Labor Code).
Notice Periods. Summary
The length of notice periods depends on many factors, e.g. length of service, type of contract and reason for termination. Understanding these rules helps avoid misunderstandings and disputes.
If you need more information about notice periods, our experts are ready to help you. Contact us today!
Frequently Asked Questions About Notice Periods
What is the length of a notice period?
The length of the notice period depends on the length of employment and the type of contract. According to the Labour Code:
For probationary contracts:
– 3 days (for a contract of up to 2 weeks),
– 1 week (for a contract lasting more than 2 weeks) or
– 2 weeks (for a contract of up to 3 months).
For a fixed-term contract – 2 weeks if it lasted longer than 6 months.
For an indefinite contract – 2 weeks (up to 6 months of employment), 1 month (from 6 months to 3 years) or 3 months (employment over 3 years).
Is it possible to shorten the notice period?
Yes, in some situations, the notice period can be shortened by mutual consent of the parties. However, it is important to ensure such arrangements are thoroughly documented.
What happens if an employee does not work the entire notice period?
If an employee ends the employment earlier, he may owe compensation for not fulfilling the contract. The compensation amount should be specified in the workplace regulations or contract.
What are the employee’s rights during the notice period?
An employee is entitled to salary and other benefits of the employment contract throughout the notice period. He can also take a vacation and use other rights granted by labour law.
Can an employer dismiss an employee without notice?
Yes, an employer can terminate an employment contract immediately without a notice period. This can occur in the case of serious misconduct by the employee, such as theft or gross negligence.
What are the consequences of improper termination of an employment contract?
Improper termination of an employment contract can lead to various claims. An employee can ask for compensation for wrongful dismissal or reinstatement. Therefore, it’s important to follow labour law when terminating the employment relationship.
Where can I find more information about employment law?
More information on labour law can be found in the Labour Code. You can also check the website of the Ministry of Family and Social Policy.
[1] Judgment of the Supreme Court of 11 May 1999, signature: I PKN 34/99
