---
title: "Poland Termination & Severance 2026"
description: "Poland termination 2026: statutory notice of 2 weeks to 12 weeks, severance capped at zł 72,090, and day-one unfair dismissal rights with no qualifying period."
canonical: https://www.teamed.global/country-hiring-guides/poland/termination-and-severance
---

Poland · Termination child

Served by Teamed vetted partner-entity network in Poland

# How do you *terminate an employee in Poland* in 2026?

Employers with 20 or more workers owe statutory redundancy severance from day one of service, regardless of how long the employee has been there. No UK-style two-year qualifying stretch. The formula runs to 3 months salary at most, capped at zł 72,090, and unfair dismissal protection activates on the employee's very first day.

Last reviewed 12 June 2026 · Poland guide

![Warm view of a Warsaw street lined with colourful rebuilt tenement buildings under a clear autumn sky.](/images/country-guides/poland-termination-severance.webp)

Illustration · Warsaw, Poland

Answer.cite this

Poland's Labour Code sets three notice bands by tenure. Employers must give 2 weeks for under 6 months of service. The band rises to 1 month for 6 months to under 3 years. At 3+ years the maximum is 90 days. An employee with 3 years of service already gets the maximum.

Redundancy severance under the law only applies at employers with 20 or more workers. No minimum service period is required. The rate is 1 month salary for under 2 years, 2 months for 2 to 8 years, and 3 months for over 8 years. The absolute cap is zł 72,090.

Unfair dismissal protection starts on day one of employment. There is no qualifying period before an employee can bring a Labour Court claim. Dismissals on indefinite contracts require a written, specific reason in the notice.

![A signed employment contract in Polish on a wooden desk with a pen resting across the page.](/images/country-guides/poland-termination-polaroid-1.webp)

Signed off

## How much notice must you give an employee in Poland?

The [Polish Labour Code Art. 36](https://www.gov.pl/web/family/notice-period) sets three notice bands by tenure. **Under 6 months: 2 weeks. Six months to under 3 years: 1 calendar month. At 3+ years: 90 days.**

Notice in weeks starts on the Sunday after delivery and ends the following Saturday. Notice in months starts on the first of the next month and ends on the last day of that month. Getting the start date wrong extends the notice period automatically.

| Length of continuous service | Statutory minimum employer notice |
| --- | --- |
| Under 6 months | 2 weeks (14 days) |
| 6 months to under 3 years | 1 calendar month (30 days) |
| 3+ years | 90 days (statutory cap) |

Employee resignation notice periods **mirror the employer schedule exactly** by tenure. The minimum resignation notice is 14 days for employees under 6 months of service. Contractual notice can be longer; it cannot be shorter than the statutory floor.

### Probation period notice

A 3-month probation contract carries 14 days notice by either party. Shorter probations have shorter notice: 3 working days for probation of up to 2 weeks; 1 week for probation over 2 weeks. Substantive justification is not required to end employment during probation. Probation is a distinct contract type in Poland and cannot be embedded inside a standard employment agreement.

### Shortening the notice period in redundancy

Where dismissal is for reasons unrelated to the employee (economic redundancy, liquidation, bankruptcy), the employer may unilaterally shorten the notice period to 1 calendar month even where the full 3-month notice would otherwise apply, paying compensation covering the difference for the waived period.

## What grounds are required to dismiss an employee in Poland?

Indefinite-term contracts need a written notice with a **specific, genuine reason**. A missing or pretextual reason makes the dismissal unlawful. This is true even if you gave the right amount of notice.

Fixed-term contracts can be ended with notice and no stated reason. Day-one unfair dismissal protection still applies to both contract types.

Poland has **no minimum qualifying period** before an employee can bring a Labour Court claim for unfair dismissal. Protection under [Labour Code Art. 264](https://www.dudkowiak.com/employment-law-in-poland/employment-contract-termination-poland) activates on the employee's first day of work. Claims must be filed within **21 days** of receiving the termination notice.

### Protected categories

Polish law prohibits dismissal during or because of: pregnancy and maternity leave, parental leave, paternity leave, and for a period of up to 4 years before the employee's pension eligibility. Trade union members and employee representatives on a company social benefit fund or works council enjoy enhanced protection. Age-related dismissal is prohibited, as is dismissal connected with disability, religion, or gender. These protections are substantive, not procedural, and courts will reinstate employees dismissed in breach of them regardless of the stated business reason.

### Immediate dismissal without notice

Immediate dismissal (zwolnienie dyscyplinarne) is available where the employee has committed a serious breach of basic employment duties, an intentional or grossly negligent crime affecting the employer, or has lost the professional qualifications required to perform the job. The employer must act within 1 month of learning of the grounds. Compensation for unlawful immediate dismissal is between 1 and 3 months salary.

### Compensation for unlawful notice-based dismissal

Where a court finds a notice-based dismissal unlawful, the employee may claim reinstatement with back pay or compensation of between 2 weeks and 12 weeks salary. Employees may also seek reinstatement with compensation for lost earnings of up to the equivalent of 3 months salary in lieu.

1. Confirm the valid reason For indefinite contracts, identify a genuine, specific ground for dismissal before issuing notice. A vague or pretextual reason is grounds for a Labour Court claim from the employee's first day.
2. Check protected status Verify whether the employee holds protected status: pregnancy, maternity or parental leave, trade union membership, or proximity to pension age. Dismissing a protected employee is unlawful regardless of the business reason.
3. Calculate the correct notice period Apply the Labour Code Art. 36 band for the employee's tenure. Note whether the dismissal is notice-based or, in economic redundancy cases, whether a shortened notice period with compensation applies.
4. Issue a written dismissal notice State the specific reason in writing. For indefinite contracts, the reason must be genuine and detailed enough that the employee can challenge it at a Labour Court. Include the employee's right to appeal.
5. Assess severance obligation If your Polish entity employs the statutory headcount threshold or more workers and the dismissal qualifies as an economic redundancy, calculate the severance band and confirm it does not exceed the absolute cap.
6. Process final pay on schedule Issue the final payslip, severance, and accrued holiday pay within the regular payroll cycle covering the last day of employment. ZUS deregistration must follow immediately after the employment end date.

## How is redundancy severance calculated in Poland?

Redundancy severance under the [Act of 13 March 2003](https://www.gov.pl/web/family/termination-of-a-contract-of-employment-for-the-reasons-unrelated-to-the-employee2) applies only at employers with 20 or more workers. No minimum service period is required. An employee dismissed on day one at a qualifying employer is owed the same payment.

The rate uses three fixed bands, not a per-year accrual. **Under 2 years: 1 month salary. Two to 8 years: 2 months salary. Over 8 years: 3 months salary.** The absolute cap is zł 72,090. If 3 months salary would exceed the cap, the cap applies.

| Tenure with employer | Statutory severance (Act of 13 March 2003) |
| --- | --- |
| Under 2 years | 1 month salary |
| 2 to 8 years | 2 months salary |
| Over 8 years | 3 months salary |

Severance is based on the employee's **current monthly salary** at the time of dismissal, not an average. The statutory cap of zł 72,090 is calculated as 15 times the national minimum monthly remuneration and updates each year when the minimum wage rises. At the 2026 minimum wage of zł 4,806/month, the cap is zł 72,090.

**Employers with fewer than 20 workers** have no statutory severance obligation under the 2003 Act. They may dismiss on Labour Code terms with notice only. This is the single most important sizing question to answer before planning a Polish redundancy.

### Enhanced severance and voluntary agreements

Collective agreements and individual contracts frequently provide enhanced severance above the statutory floor. Where an employer chooses to pay enhanced terms, those terms are contractually binding once offered. Redundancy procedures carried out voluntarily and by agreement with employee representatives often include enhanced packages to reduce Labour Court exposure.

## When do collective redundancy rules apply in Poland?

Collective redundancy rules under the [Act of 13 March 2003](https://www.gov.pl/web/family/termination-of-a-contract-of-employment-for-the-reasons-unrelated-to-the-employee2) apply to employers with 20 or more employees. They kick in when enough dismissals happen within a 30 days rolling window.

The trigger count depends on employer size. In employers with 20 to 99 employees: 2 weeks or more dismissals. In employers with 100 to 299 employees: 10 percent of the workforce. In employers with 300+ employees: 300 or more dismissals.

Gov.pl · Termination for reasons unrelated to the employee

Employers with 20+ workers who propose collective redundancies within a 30 days-day window must notify the local labour office and consult trade unions or employee representatives. Termination notices cannot be served earlier than **30 days after the labour office notification**. An agreement with employee representatives must be reached, or a regulation issued, within 20 days of that notification. Breach of consultation obligations is grounds for individual claims and can render each dismissal unlawful.

Source: [Gov.pl, Termination for reasons unrelated to the employee](https://www.gov.pl/web/family/termination-of-a-contract-of-employment-for-the-reasons-unrelated-to-the-employee2)

### Consultation and notification requirements

- **Notify the Powiatowy Urząd Pracy** (district labour office) in writing before any notices are served
- **Consult trade unions or elected employee representatives** in good faith before the programme is announced
- **Conclude an agreement or issue a redundancy regulation** within 20 days of notification to the labour office
- **30-day standstill** from labour office notification before any dismissal notice can take legal effect
- **Register dismissed employees** with the district labour office to support re-employment matching

There is no separate protective-award mechanism in Polish law equivalent to the UK's collective-redundancy penalty. The exposure for skipping consultation is individual unfair-dismissal claims per employee affected, plus potential criminal liability for the responsible manager under the Labour Code.

## Can you end a Polish employment contract by mutual agreement?

Mutual termination (rozwiazanie umowy za porozumieniem stron) is the simplest exit in Poland. Both parties sign a written agreement and set the termination date. No notice period is needed unless both sides agree to include one. The employee can still register as unemployed and receive unemployment benefit after a waiting period.

By signing, the employee gives up day-one unfair dismissal rights. The employer no longer needs to state a written reason. The special protection rules for notice-based dismissal do not apply.

Mutual termination is available for all contract types: indefinite, fixed-term, and probation. It is the most widely used exit method for senior roles and contested situations in Poland because it bypasses the Labour Court exposure that notice-based dismissal carries. Both parties must be genuine: courts will set aside a mutual agreement signed under duress or undue pressure.

Typical structure of a Polish mutual-termination agreement:

- **Agreed termination date** (which may be today, at the end of a notice period, or any future date)
- **Final pay settlement**: salary to date, accrued leave payment, and any agreed enhanced severance
- **Return of company property** and equipment
- **Non-disparagement and confidentiality** clauses where appropriate
- **Reference wording**, agreed in the document itself or in a separate letter
- **Settlement of all claims**, releasing both parties from further Labour Court exposure

Final pay, including salary for the last working month and any mutually agreed severance, is due at the regular payroll run for the period in which employment ends. Polish law does not specify a fixed calendar-day deadline; the obligation is to pay within the normal payroll cycle covering the last day of employment.

Where the employee has been on garden leave or paid notice during the agreement period, that pay counts towards the settlement. A mutual-termination agreement signed during a consultation process can incorporate the statutory severance owed under the [2003 Act](https://www.gov.pl/web/family/termination-of-a-contract-of-employment-for-the-reasons-unrelated-to-the-employee2), with or without additional enhanced terms.

## How Teamed runs Polish terminations

Teamed is your legal [employer of record](/lp/employer-of-record) in Poland for [**from $599 per employee per month**](/pricing), with **zero FX mark-up** in any currency. We handle notice calculations, severance assessments, written-reason drafting, and final-pay reconciliation on **one platform**.

You decide which employees to dismiss, why, and on what terms. We make sure the procedure holds up if a Labour Court claim arrives 21 days later.

**Real HR and legal experts** handle your Polish hires through every Labour Code obligation, from the first employment contract through each ZUS contribution and year-end PIT-11. **An actual person**, not an automated queue. There is **no setup fee** and **no exit fee**, and employer cost **passes through at cost, itemised** on every invoice.

The split of responsibilities under EOR for Polish terminations:

| What Teamed handles | What the client decides |
| --- | --- |
| Notice period calculation per Labour Code Art. 36 bands | Whether to dismiss, which employees, and for which reasons |
| Written dismissal notice with specific grounds for indefinite contracts | The commercial basis for redundancy and the business rationale |
| Statutory severance assessment under the 2003 Act (qualifying employer threshold check) | Whether to enhance severance above the statutory floor |
| Collective redundancy notification to the Powiatowy Urząd Pracy where triggered | Timeline of the redundancy programme |
| Mutual-termination agreement drafting and sign-off coordination | Negotiated terms: termination date, enhanced pay, reference wording |
| Final payroll: salary, accrued leave, statutory severance, ZUS and PIT reconciliation | Whether to pay above the statutory severance formula |
| Labour Court support coordination where a claim is raised | Settlement vs defence strategy |

EOR payroll, contractor onboarding, and entity setup all live on **one platform**. A Polish contractor who converts to an employment contract keeps their record, and that same employee can **graduate** to your own Polish entity without switching systems, **until it isn't** the right model. Run the [Crossover Calculator](https://www.teamed.global/tools/crossover-calculator) to see the month the model flips. Start from the Poland hiring overview.

Key sources: [Gov.pl employment guidance](https://www.gov.pl/web/family/notice-period), [Gov.pl termination for reasons unrelated to the employee](https://www.gov.pl/web/family/termination-of-a-contract-of-employment-for-the-reasons-unrelated-to-the-employee2).

## Frequently asked questions

How much notice must you give an employee in Poland in 2026?

Under Labour Code Art. 36, employer notice is 2 weeks for under 6 months of service, 1 calendar month for 6 months to under 3 years, and 90 days for 3 or more years. The maximum is reached at just 3 years of service, far earlier than in most Western European markets. Employee resignation notice mirrors the same schedule.

Who qualifies for statutory redundancy severance in Poland?

Statutory severance applies to any employee dismissed for economic reasons by an employer with 20 or more workers. No minimum service period is required. The formula is 1 month monthly salary for under 2 years of service, 2 months for 2 to 8 years, and 3 months for over 8 years, subject to the absolute cap of zł 72,090. Employers with fewer than 20 workers have no statutory severance obligation under the 2003 Act.

When does unfair dismissal protection start in Poland?

From day one of employment. Poland has no qualifying period: Labour Code Art. 264 gives employees the right to challenge any dismissal at the Labour Court, and they must file within 21 days of receiving the termination notice. For indefinite contracts, the employer must state a specific, genuine written reason; failure to do so makes the dismissal automatically unlawful.

What happens if you dismiss an employee unlawfully in Poland?

The employee may seek reinstatement with back pay, or compensation of between 2 weeks and 12 weeks salary for unlawful notice-based dismissal. For unlawful immediate dismissal, compensation ranges from 1 to 3 months salary. The Labour Court can also award reinstatement with separate compensation for lost earnings of up to the equivalent of 3 months salary.

When do collective redundancy rules apply in Poland?

The collective redundancy regime under the Act of 13 March 2003 applies to employers with 20 or more employees when the number of dismissals within a 30 days-day window exceeds the relevant headcount trigger for the employer's size. Employers must notify the district labour office and consult trade unions or employee representatives before serving any notices; termination notices cannot take effect earlier than 30 days after that notification.

How does mutual termination work in Poland?

Mutual termination (rozwiazanie umowy za porozumieniem stron) lets both parties end the employment contract on any agreed date without a mandatory notice period. It bypasses the written-reason obligation and special-protection rules that apply to notice-based dismissal. Statutory severance under the 2003 Act can be incorporated into the settlement agreement if the employer meets the qualifying headcount threshold and the dismissal is for economic reasons.

Teamed Legal Operations

In Poland, day-one protection is the live trap for employers used to markets with qualifying periods. An employee dismissed on their third week can file a Labour Court claim on their twenty-first day. The written reason on the notice isn't a formality; it's your entire defence.

A note from Tom Price-Daniel

Poland's statutory severance cap is zł 72,090, whether the employee has been there six months or six years.  
What catches employers out isn't the formula. Every dismissal at a qualifying employer needs a written reason that holds up in a Labour Court, from the very first day.  
No qualifying period. Day one counts.

Tom Price-Daniel · Co-founder, Teamed

## Related Poland guides

- Hiring in Poland, overviewparent
- [Employer of Record overview](/lp/employer-of-record)core
- [Pricing, Zero FX Fixed](/pricing)core
- [EOR vs Entity Crossover Calculator](https://www.teamed.global/tools/crossover-calculator)tool
- [Employer Cost Calculator](https://www.teamed.global/tools/employer-cost)tool
- [UK termination and severance](/country-hiring-guides/united-kingdom/termination-and-severance)neighbour
- [Talk to an expert](https://www.teamed.global/contact)CTA

A note on this page.

This is a guide, not legal, tax or accounting advice. Rules change and vary by jurisdiction, so verify current requirements with the relevant authorities, in particular the Polish Ministry of Family, Labour and Social Policy (Ministerstwo Rodziny, Pracy i Polityki Spolecznej) and the Social Insurance Institution (ZUS), before relying on any specific framework. The employer-size threshold for statutory redundancy severance obligations and the scope of day-one unfair-dismissal protection are subject to Labour Court interpretation that may affect your situation. Seek qualified Polish employment-law advice for contested terminations.