Employee Notice and Disciplinary Dismissal in Poland: Why the Timeline Matters
The employee’s lawyer says, “He has already sent his notice.” Nothing has reached the company. The employee has missed two days of work, and a signed disciplinary dismissal letter is on your desk. Should you hold off?
This is a point at which employers can lose a case because of timing rather than the substance of their allegations. Assuming that “the employee is leaving anyway” may mean abandoning disciplinary dismissal, recording a different basis for termination in the employment certificate, and weakening the employer’s position when pursuing damages.
Three questions determine what to do next:
- What happens when the employee gives notice and the employer seeks to dismiss the employee without notice for misconduct?
- How is the one-month period under Article 52 § 2 of the Polish Labour Code calculated?
- How can the employer deliver its dismissal statement when the employee is absent and cannot be reached by phone?
Polish Terms That Matter
| Term | Meaning |
|---|---|
| Disciplinary dismissal — Article 52 § 1 point 1 of the Labour Code | Termination without notice due to the employee’s fault. It takes effect when the employer’s statement reaches the employee. |
| One-month period — Article 52 § 2 | The period from when the employer becomes aware of a circumstance justifying disciplinary dismissal. The source describes it as a substantive-law deadline that cannot be reinstated. |
| Authorized person — Article 31 | The person or governing body empowered to take employment-law actions for the employer. Their knowledge is relevant to the start of the one-month period. |
| Workplace trade union consultation — Article 52 § 3 | Notification of a union representing the employee before dismissal. The union has three days to raise objections. |
| A statement “reaching” its recipient — Article 61 of the Civil Code, applied with Article 300 of the Labour Code | The statement must reach the recipient in a way that enables them to read it. Sending it is not, by itself, enough. |
| Written form — Article 30 § 3 of the Labour Code | A handwritten signature or a qualified electronic signature. An ordinary email, a scan, or a PDF without a qualified electronic signature does not satisfy this requirement. |
An employment certificate (świadectwo pracy) is the Polish document the employer issues when employment ends. The legal basis for termination recorded in it is one practical reason the sequence of events matters.
An Employee’s Notice Does Not Prevent Disciplinary Dismissal
An employee’s notice starts a process that will end the employment relationship when the notice period expires; it does not end employment immediately. While the relationship continues, the employer may still terminate the contract without notice due to the employee’s fault.
If the employer’s disciplinary dismissal reaches the employee before the notice period expires, the contract ends through that dismissal. The employee’s notice then becomes moot because there is no longer a contract to terminate. The employment certificate should identify Article 52 § 1 point 1 of the Labour Code, rather than termination by notice (Supreme Court II PK 215/18, Supreme Court II PZ 9/19).
The reverse sequence is just as important. If the notice period expires before the employer’s dismissal statement reaches the employee, the employment contract has already ended. It cannot then be terminated by disciplinary dismissal.
A lawyer’s statement that the employee’s notice “has been sent” is not itself delivery of that notice to the employer. Under Article 61 of the Civil Code, applied with Article 300 of the Labour Code, what matters is whether the statement has reached the employer in a way that enables the employer to read it. Do not put a prepared disciplinary dismissal on hold merely because someone says notice is on its way. Treat the information as a reason to check the timeline and act promptly.
| Question | If yes | If no |
|---|---|---|
| Has the employee’s notice reached the employer? | Establish when the notice period expires. The employer’s dismissal must reach the employee before then. | You have an announcement, not delivered notice. Move the process forward. |
| Has the notice period expired? | The contract has ended; disciplinary dismissal is no longer possible. | The employment relationship continues. |
| Do the facts meet the requirements of Article 52 § 1 point 1? | Prepare the statement and a delivery plan. | Assess whether disciplinary dismissal is justified and makes business sense. |
If a case is already underway, contact us. The dates may leave little room for delay.
Calculate the One-Month Period for Each Ground
The period in Article 52 § 2 of the Labour Code is a substantive-law deadline that cannot be reinstated. Missing it can make the dismissal unlawful even if the alleged misconduct was real and serious (Supreme Court I PK 183/16).
When does the month begin?
The relevant knowledge is that of the person or governing body authorized to take employment-law actions for the employer under Article 31 of the Labour Code. The clock does not necessarily start when any employee first suspects a problem or when an outside service provider notices one.
Where an internal investigation is conducted efficiently and without delay, the period may begin when it concludes. An employer cannot safely extend an investigation “just in case”: a court will examine whether it was pursued without unnecessary delay (Supreme Court I PK 183/16).
Separate allegations may have separate deadlines
If the employer relies on several independent acts of misconduct, assess the one-month period for each act. An older allegation may fall outside the period while a later one remains available.
| Type of conduct | Starting point described in the source |
|---|---|
| A single incident | When the authorized person learns of it. |
| Separate acts in a series, such as successive system transactions | Separately for each act, unless the acts constitute one continuous act. |
| A continuous act involving similar conduct close in time and arising from the same opportunity | From the last act in the series (Supreme Court II PK 80/16). |
| An ongoing unlawful state of affairs | The period does not begin while that state persists. |
Do not confuse learning of a breach with calculating the resulting damage. A final calculation may be needed for a payment demand or lawsuit, but not for the statement terminating employment. Waiting for it risks losing the disciplinary dismissal deadline.
Work backward from delivery, not dispatch
For Article 52 § 2, the employer’s statement must reach the employee within the one-month period. Preparing, signing, or posting it within the month is not enough.
| Step | Planning allowance | Action |
|---|---|---|
| Workplace trade union consultation, where required | 3 days | Notify the union and wait for its response period, unless it responds earlier. |
| Delivery | 1–2 days | Prepare parallel delivery methods. |
| Contingency | 2–3 days | Allow for absence, refusal, or an outdated address. |
These are practical planning allowances, not additional statutory periods. After allowing for consultation and delivery, the time available to prepare the statement may be only twenty-something days rather than a full thirty.
Deliver the Statement to an Absent Employee
The employer’s statement is made when it reaches the employee in a way that enables them to become acquainted with its contents (Article 61 § 1 of the Civil Code, applied with Article 300 of the Labour Code; Supreme Court I PKN 369/98).
A postal collection notice does not reveal the contents of the letter and is not, by itself, the same as delivery. Two properly issued collection notices create a factual presumption that the employee had an opportunity to read the statement, but that presumption can be rebutted (Supreme Court II PSKP 112/21).
Use parallel delivery routes
The source recommends arranging three routes on the same day:
| Route | Practical method | Key limitation |
|---|---|---|
| Personal delivery | Send two people to the residential address in the personnel file, including at least one person authorized under Article 31 of the Labour Code. | Record the visit in an internal memorandum, whatever happens. |
| Priority registered letter with acknowledgment of receipt | Post it the same day to the correspondence address in the file. | Near the one-month deadline, posting alone is insufficient. The two-week deemed-service rule under the Code of Civil Procedure does not automatically apply to Article 61 of the Civil Code (Supreme Court III PSKP 14/23). |
| Email containing a statement with a qualified electronic signature | Use this route if the personnel file contains the employee’s consent to contact through their private email address. | An ordinary email, scan, or unsigned PDF does not meet the written-form requirement (position of the Polish National Labour Inspectorate). |
Treat email as an additional route, not the only one.
An employee who deliberately fails to collect a letter despite a genuine opportunity to do so may be treated as having received the statement (Supreme Court II PK 15/19). Refusing a document offered in person can likewise be effective where the employee had the opportunity to read it. Document the circumstances rather than assuming a refusal will speak for itself.
Record an attempted personal delivery
Prepare an internal memorandum even if the employee accepts the letter. Include:
- The date and time of the visit.
- The address and its match to the personnel file.
- The names, roles, and authority of the employer’s representatives.
- Whether the employee was present, opened the door, and accepted the document.
- If the employee refused it, precisely what was communicated and how.
- The participants’ signatures.
Make the Dismissal Statement Specific
A court examines the reasons stated in the dismissal statement; the employer cannot add new reasons during proceedings. A statement that says too little may be more dangerous than one that gives appropriate detail (SAOS IX P 33/18).
Recurring problems identified in labor court decisions include the following (SAOS IV P 677/21, SAOS VII P 750/20):
| Problem | What went wrong |
|---|---|
| Failure to establish a serious breach | The employer described misconduct but did not explain why it was serious. |
| Insufficient evidence | The facts asserted in the statement were not supported. |
| Missed Article 52 § 2 deadline | The employer waited for a damage calculation or prolonged its investigation. |
| Vague grounds | Phrases such as “loss of trust” or “acting to the employer’s detriment” were used without describing specific conduct. |
| No information about the right to appeal | The employee obtained reinstatement of the appeal deadline, reviving the dispute months later. |
Build independent grounds
Draft each allegation so that it can stand on its own. If one fails, the others need not fail with it. For each, set out:
- The duty breached: identify the relevant provision within Article 100 of the Labour Code.
- The facts: what happened, when, by what means, over what period, and what evidence supports it.
- Why it is serious: explain the significance of the breach in light of the employee’s role and responsibilities.
Use “loss of trust” as a conclusion drawn from specific conduct, not as a stand-alone primary reason. Explain its connection to the role—for example, the employee’s independence, limited day-to-day supervision, or access to a tool that can create financial obligations.
If the employee’s likely defense is known, address it in the statement. For example, one-time permission for a single action cannot reasonably be read as general authorization to repeat similar actions independently. The fact that the employee sought permission may also indicate awareness that the action lay outside their assigned duties.
Before the statement leaves the office, check that it includes:
- The legal basis: Article 52 § 1 point 1 of the Labour Code.
- Information about the right to appeal to the labor court within 21 days of delivery, identifying the competent court (Articles 30 § 5 and 264 § 2).
- A list of attachments.
- A handwritten or qualified electronic signature from a person authorized under Article 31.
Failure to provide information about the right to appeal may support reinstatement of the employee’s appeal deadline under Article 265. A dispute may therefore resurface months later.
Check Workplace Trade Union Requirements Before Delivery
Before serving a disciplinary dismissal, the employer must notify a workplace trade union that represents the employee under Article 52 § 3 of the Labour Code. The union has three days to raise objections. Its opinion is not binding, but omitting required consultation is an independent basis for employee claims, regardless of the strength of the misconduct allegations.
| Question | Consequence |
|---|---|
| Is there a workplace trade union at the company? | If not, consultation is not required. |
| Does it represent this employee? | Ask the union; the employee need not tell the employer about membership. |
| Is the employee a union officer with special protection under Article 32 of the Trade Unions Act? | Consent, rather than a nonbinding opinion, is required. Without it, disciplinary dismissal is blocked. |
Make these checks while preparing the case, not on the intended delivery date.
Keep Dismissal and Damages Claims Separate
Disciplinary dismissal does not prevent an employer from pursuing compensation for damage, including damage quantified later. An agreement waiving claims may close that route.
| Fault | Scope of employee liability stated in the source | Labour Code basis |
|---|---|---|
| Intentional | The full amount of damage, without the stated cap. | Article 122 |
| Unintentional | Actual loss, up to three months’ remuneration. | Articles 114–119 |
Assess fault from the facts, not from labels used in correspondence. The source warns that incorrectly treating intentional fault as unintentional can mean losing the claim for the full amount of damage.
Do not make an unauthorized wage deduction
Under Article 91 of the Labour Code, a deduction requires the employee’s written consent to a known, specifically quantified amount. Blanket consent is not enough. Payment for unused annual leave is subject to the same deduction restrictions; the protected amount is the minimum wage after deductions (consolidated Labour Code text, Journal of Laws of 2025, item 277).
If the employee’s lawyer proposes a settlement while the loss is still being investigated, acknowledge the proposal and say verification continues. Do not sign an agreement waiving claims before establishing the full scale of the damage: later findings may reveal a difference the employer can no longer pursue.
Consider a Bilingual Document if the Employee Does Not Speak Polish
The Labour Code does not require the dismissal document to be prepared in a foreign language; the Polish version remains binding. A complete bilingual document, with Polish identified as the binding version, can help address an argument that the employee did not understand the statement or the appeal deadline.
Limited Polish proficiency may be relevant when a court assesses whether an employee was without fault in missing the appeal deadline under Article 265. The court considers the circumstances together: language proficiency, how the document was delivered, whether a translation could be obtained, and how quickly the employee acted after the obstacle ended (consolidated Labour Code text, Journal of Laws of 2025, item 277).
Have a lawyer review the translation of the legal grounds and references to specific Labour Code provisions. A shift in meaning may later support an argument that the reason for dismissal was insufficiently specific.
Preserve Evidence Before Disabling System Access
Employers may instinctively disable an employee’s access before exporting relevant records and lose evidence as a result. System logs and account identifiers are personal data when they can link activity to an individual. Processing them for an internal investigation may rely on Article 6(1)(f) of the GDPR—legitimate interests—after a balancing test (position of the Polish Data Protection Authority).
Use this sequence:
- Export relevant accounting documents, account-charge confirmations, system records with the employee’s account identifier, and correspondence.
- Record when the export was made and who performed it.
- Minimize the data collected: take what relates to the case, not the account’s entire history.
- Then disable access.
- Retain documentation of the basis and scope of the processing.
Decide Whether Disciplinary Dismissal Makes Business Sense
Disciplinary dismissal is an option, not an obligation. If a fixed-term contract will end in a few weeks and the employer has no interest in pursuing damages, dismissal may create litigation risk without a corresponding benefit.
| Factor | May support disciplinary dismissal | May weigh against it |
|---|---|---|
| Pursuing damages | The dismissal may strengthen the employer’s position. | If no claim will be pursued, an agreement may be simpler. |
| Message to the team | It sets a clear boundary for other employees. | The issue may not be known within the organization. |
| Employment certificate | The recorded basis for termination may matter in the relevant industry. | It may carry less practical weight if the employee is moving to another industry. |
| Litigation risk | Documentation and evidence are strong. | Evidence is uncertain or the deadline is close. |
| Cost of losing a fixed-term-contract case | The source identifies compensation of up to three months under Article 58 of the Labour Code. | Litigation also consumes legal costs and management and HR time. |
Checklist Before Serving the Dismissal
1. Deadline
- Record when the relevant information was obtained separately for each ground.
- Identify the person or body authorized under Article 31 who received that information.
- Calculate the end of each one-month period, allowing time for any union consultation and delivery.
- Complete the investigation promptly; do not wait for a final damage calculation.
2. Statement
- Set out independent grounds, each with the duty breached, facts, and explanation of seriousness.
- Record when and how the employer learned of each alleged breach.
- Treat loss of trust as a conclusion, not a stand-alone ground.
- Address a known defense.
- Include the 21-day appeal information and competent court.
- Check that a person authorized under Article 31 has signed by hand or with a qualified electronic signature.
3. Trade union
- Check whether a workplace union exists and represents the employee.
- Check whether special protection under Article 32 of the Trade Unions Act applies.
- Notify the union and allow its three-day response period, or obtain an earlier response.
4. Delivery
- Prepare personal delivery, a priority registered letter with acknowledgment of receipt, and—if the consent recorded in the file permits it—email with a qualified electronic signature.
- Prepare and complete a memorandum of any personal delivery attempt.
- Check the currency of the address in the personnel file.
5. Damage and next steps
- Preserve relevant evidence before disabling access.
- Do not waive claims before the full scale of the damage is established.
- Assess whether fault was intentional or unintentional based on the facts.
- If disciplinary dismissal takes effect, issue the employment certificate identifying Article 52 § 1 point 1 of the Labour Code.
- Defer a decision about notifying the public prosecutor until the facts have been established.
The Practical Priority: Protect the Timeline
An employer may have substantial evidence and still lose the option of disciplinary dismissal by waiting too long. The one-month period must accommodate the required union process and delivery to the employee. Waiting for a final loss calculation, extending an investigation without good reason, or pausing because the employee reportedly “sent notice” all use up that time.
If the issue is already live—or your organization wants a process ready before one arises—contact us. We can work backward from the Article 52 § 2 deadline, review the statement, and help plan consultation and delivery.
Frequently Asked Questions
Can we dismiss an employee on disciplinary grounds after they give notice?
Yes, while the employment relationship still exists. If the employer’s dismissal statement reaches the employee before the notice period expires, the contract ends through disciplinary dismissal and the employee’s notice becomes moot.
The employee’s lawyer says notice was sent, but we have received nothing. Should we wait?
Do not treat the lawyer’s statement as delivered notice. Check whether the employee’s notice has reached the employer in a way that allows it to be read, and continue assessing the grounds and deadline for disciplinary dismissal.
Must we calculate the full damage before dismissal?
No. Knowledge of the breach is distinct from a final calculation of loss. The calculation may be needed for a payment demand or claim, but waiting for it can put the Article 52 § 2 deadline at risk.
Can we email a PDF to the employee’s private address?
An ordinary email, scan, or PDF without a qualified electronic signature does not meet the written-form requirement described above. Where the personnel file contains consent to contact through the private address, a statement with a qualified electronic signature can be sent by email as an additional delivery route.
What if the employee refuses a letter offered in person?
A refusal does not necessarily prevent the statement from taking effect if the employee had an opportunity to read it. Record the attempt in detail and send the priority registered letter with acknowledgment of receipt in parallel.
Is “loss of trust” enough on its own?
No. Describe the specific conduct first—what happened, when, and how—and explain why it amounts to serious misconduct in the context of the role. Present loss of trust as a conclusion drawn from those facts.