Letting someone go is never straightforward, but in Poland it’s particularly process-heavy. The country’s Labour Code sets out strict requirements for notice periods, written reasons, severance, and employee protections that foreign employers often underestimate. Get any of it wrong and you’re exposed to a labour court challenge. This guide covers everything you need to handle terminations in Poland correctly in 2026.
The legal framework for dismissal in poland
All employment terminations in Poland are governed by the Labour Code (Kodeks pracy). The Code sets minimum standards that apply to every employer operating in Poland, regardless of where the parent company is based. It protects employees through mandatory notice periods, a requirement to state reasons for dismissal, and the right to challenge termination before a labour court (sąd pracy). There’s no opting out of these rules through contract terms, and ignorance of them isn’t a defence.
Valid grounds for termination
Polish law doesn’t allow employers to dismiss an employee without cause on indefinite-term contracts. You need a valid, specific reason, and it must be stated in writing at the time of dismissal. Vague language won’t hold up if the employee decides to challenge. There are three main categories of grounds.
Individual grounds
Individual grounds relate directly to the employee. Poor performance, persistent absence, loss of qualifications necessary for the role, or a breakdown in the working relationship can all qualify, but the reason must be specific and demonstrable. “Not a good fit” or “performance issues” won’t be sufficient on their own. You’ll need documentation: written warnings, performance reviews, or records of prior conversations.
Economic and organisational grounds
Economic and organisational dismissals are employer-side reasons: restructuring, eliminating a role, reducing headcount, or changing the structure of the business. In these cases, the employee’s conduct is irrelevant. Severance pay (covered below) is triggered by dismissals in this category, not by individual or disciplinary ones.
Disciplinary dismissal
Disciplinary dismissal applies where the employee has committed serious misconduct, a deliberate breach of their basic duties, or has committed an offence that makes it impossible to continue employment. In these cases, you can terminate without notice. However, the bar is high. Minor or repeated rule-breaking doesn’t automatically qualify, and you’ll want to document the incident thoroughly before acting. You must issue the dismissal within one month of learning about the misconduct.
Probation periods
Polish law allows a probation period of up to three months for new employees. During this period, both parties can terminate the contract on shorter notice: one week for probation periods under two weeks, two weeks for probation periods of at least two weeks, and one month for a full three-month probation period. Probation contracts can only be entered into once per employee for the same type of work, so you can’t use repeated probation periods to avoid employment protections.
Notice periods
For indefinite-term employment contracts, notice periods are tied to how long the employee has worked for you:
- Less than 6 months employed: 2 weeks’ notice
- 6 months up to 3 years employed: 1 month’s notice
- More than 3 years employed: 3 months’ notice
Notice can be worked or, if you have legitimate grounds, the employee can be placed on garden leave and paid in lieu. During the notice period, the employee is entitled to paid time off to look for a new job: two working days for two-week and one-month notice periods, three working days for three-month notice periods.
Severance pay
Severance pay in Poland is only mandatory for economic or organisational dismissals. It doesn’t apply to individual performance dismissals or disciplinary terminations. The amounts are based on length of service:
- Less than 2 years of service: 1 month’s gross salary
- 2 to 8 years of service: 2 months’ gross salary
- 8 or more years of service: 3 months’ gross salary
There’s a statutory cap. In 2026, severance pay can’t exceed 15 times the national minimum wage, which works out to a maximum of PLN 72,090 (based on the 2026 minimum wage of PLN 4,806 per month).
Fixed-term contracts
Fixed-term contracts run until their agreed end date, but they can be terminated early if the contract duration exceeds six months and the contract includes an early termination clause. The notice period for early termination of a fixed-term contract is two weeks. If the contract doesn’t include such a clause, you may not be able to end it before the expiry date without exposing yourself to a damages claim. Check your contract terms before acting.
Collective redundancies
If you’re making 10 or more employees redundant within a 30-day period and your company employs 20 or more people in Poland, collective redundancy rules apply. You’ll need to notify and consult with the works council or trade unions before proceeding, and you must file notification with the relevant district labour office (Powiatowy Urząd Pracy). The consultation must be genuine, not a formality. Collective redundancies also trigger enhanced severance obligations in some circumstances, so it’s worth taking legal advice before you begin the process.
What happens after termination
Once employment ends, you have several obligations to close out. All outstanding wages must be paid on the final day of employment or, at the latest, on the next regular payday. Any unused annual leave must be paid out as a holiday allowance rather than carried over. Applicable severance must also be paid at this point.
If the employee is a foreign national who leaves work before an expected end date, you’re required to notify the relevant authorities within 15 working days. Failing to do so can result in administrative penalties. You’ll also need to issue a świadectwo pracy (employment certificate) without delay, as employees need this document to access benefits and for future employment.
Managing terminations in poland through an EOR
For foreign companies without a Polish legal entity, the practical challenge of compliant termination is significant. You need to apply Polish Labour Code rules correctly, issue valid written notices, handle severance calculations, manage ZUS and labour office notifications, and ensure final pay is accurate. Mistakes at any stage can trigger a labour court claim.
An Employer of Record (EOR) handles all of this on your behalf. The EOR is the legal employer in Poland, so termination compliance is their responsibility, not yours. If you’re not sure how EOR arrangements work in practice, it’s worth understanding the model before you hire. When comparing providers, look for EOR services that have in-country legal expertise and a clear process for managing terminations.
Book a demo to see how RemotePass handles compliant terminations in Poland.
Frequently asked questions
Do you always need to give a reason for terminating a polish employee?
For indefinite-term contracts, yes. Polish law requires that the reason for dismissal is stated clearly in writing. Without a valid, specific reason, the termination can be challenged and overturned by a labour court. Fixed-term contracts and probation period terminations have different rules, but indefinite contracts always require a stated reason.
Can a polish employee sue if they think their dismissal was unfair?
Yes. Employees have the right to challenge termination before a labour court (sąd pracy). If the court finds the dismissal was unjustified, it can order reinstatement or award compensation of between one and three months’ salary. You should ensure your documentation supports the dismissal before you issue notice.
Is severance pay always required when terminating in poland?
No. Severance is only legally required when the reason for termination is economic or organisational (for example, restructuring or role elimination). Dismissals based on individual grounds or disciplinary misconduct don’t trigger the statutory severance entitlement under Polish law.
What’s the fastest you can dismiss an employee in poland?
Disciplinary dismissal allows for instant termination without notice, but only in cases of serious misconduct. You must act within one month of discovering the relevant incident and document the grounds carefully. Outside of disciplinary cases, the minimum notice period is two weeks for employees with less than six months of service.
