Immediate termination of an employment contract may occur under special circumstances when an employee seriously breaches their duties. Disciplinary dismissal from work is one of the most stringent ways to end an employment relationship and carries serious consequences – both professional and legal. In this article, we explain when an employer has the right to apply this procedure, what the legal grounds are, and what defense options are available to the employee
Table of Contents
- What Is a Disciplinary Dismissal From Work?
- Disciplinary Dismissal From Work and Sick Leave (L4) – Can an Employer Dismiss a Sick Employee?
- Time Limit and Procedure for Disciplinary Dismissal From Work
- Disciplinary Dismissal and Retirement or Notice Period
- Consequences of Disciplinary Dismissal
- How to Defend Yourself Against Disciplinary Dismissal?
- The Most Common Employer Mistakes in Disciplinary Dismissals
- Disciplinary Dismissal – Summary
- FAQ – 5 Most Asked Questions About Disciplinary Dismissal
What Is a Disciplinary Dismissal From Work?
According to Art. 52 §1 of the Polish Labour Code, an employer may terminate an employment contract without notice if the employee has committed a serious breach of fundamental duties.
| The most common reasons for disciplinary dismissal from work: | – unjustified absence from work, – consumption of alcohol or drugs in the workplace, – violation of business secrets, – gross negligence in the performance of duties, – refusal to carry out a work order, – acting to the detriment of the employer. |
Disciplinary Dismissal From Work and Sick Leave (L4) – Can an Employer Dismiss a Sick Employee?
Contrary to common belief, being on sick leave (L4 in Poland) does not automatically protect an employee from disciplinary dismissal from work. An employer may terminate the employment contract if, during the sick leave, the employee:
- performs paid work or runs a business,
- uses the sick leave in a way inconsistent with its purpose,
- provides a false medical certificate.
Being on sick leave itself is not sufficient grounds for termination under disciplinary procedures.
Time Limit and Procedure for Disciplinary Dismissal From Work
The employer must respect a strict deadline under Art. 52 §2 of the Labour Code. The termination notice must be issued within one month of the day the employer learned about the employee’s misconduct.
Step-by-step procedure:
- Gather evidence confirming the employee’s breach (notes, witness statements, reports).
- Consult the HR or legal department before taking action.
- Prepare a written notice specifying the reason and the legal basis for termination.
- Deliver the notice personally or by registered mail, ensuring proof of receipt.
Important:
The employer must clearly specify the reason for disciplinary dismissal from work. Vague or imprecise explanations can lead a court to declare the dismissal unlawful.
Disciplinary Dismissal and Retirement or Notice Period
- Retirement and disciplinary dismissal
An employee who has reached retirement age or obtained pension rights can still be dismissed if they seriously breach their duties. Age alone does not provide protection.
- Disciplinary dismissal during notice period
An employee who has already resigned or been given notice may also face disciplinary dismissal if they commit a serious violation before their employment officially ends.
Consequences of Disciplinary Dismissal
Termination under Art. 52 of the Labour Code has serious consequences for the employee:
- no notice period,
- no severance pay or compensation (unless provided otherwise by law),
- a negative note in the employment certificate (stating termination due to the employee’s fault),
- difficulty finding new employment.
For employers, unjustified or improperly handled dismissals can result in the employee being reinstated and receiving compensation.
How to Defend Yourself Against Disciplinary Dismissal?
An employee who believes their dismissal was unlawful may file a claim with the Labour Court within 21 days of receiving the termination notice. The employee can request:
- reinstatement to work,
- compensation,
- correction of their employment certificate.
Good to Know:
The labour court carefully examines the circumstances of the case. Especially the validity of the reason given by the employer and the correctness of the procedure. Often, it is an imprecise justification or exceeding the one-month deadline that determines the employee’s success.
The Most Common Employer Mistakes in Disciplinary Dismissals
| Mistake | Description |
| Lack of written justification | No specific reason is stated in the notice, which can make the dismissal unlawful. |
| Missing the one-month deadline | The notice is issued too late after learning about the misconduct. |
| Decision based on assumptions | Insufficient evidence or lack of documentation supporting the allegations. |
| Ignoring the employee’s statement | Not allowing the employee to explain may breach the principles of fair conduct. |
| Misuse of Art. 52 of the Labour Code | Applying disciplinary dismissal in cases that do not meet the criteria of a serious breach of duties. |
Disciplinary Dismissal – Summary
Disciplinary dismissal is the most severe way to end an employment relationship. It requires special caution and knowledge of labour law regulations. Both employers and employees should consult with a lawyer before making a decision. A legal expert will help assess the legitimacy of actions, prepare appropriate documents and avoid costly mistakes.
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FAQ – 5 Most Asked Questions About Disciplinary Dismissal
1. Can an employer always use a disciplinary dismissal procedure?
No. Disciplinary dismissal may take place only in cases specified in the Art. 52 of the Labour Code. It must be justified by a serious breach of duties.
2. Is disciplinary dismissal during sick leave (L4) legal?
Yes – if the employee abuses the sick leave, e.g. by working or misusing it.
3. How much time does the employer have for disciplinary dismissal?
In accordance with Art. 52 § 2 of the Labour Code – 1 month from the date of obtaining information about the misconduct.
4. Is it possible to disciplinarily dismiss an employee during the notice period?
Yes, if he committed a serious breach of obligations after submitting or receiving a notice.
5. Can an employee who has been dismissed for disciplinary action appeal to the court?
Yes, within 21 days of the delivery of the statement on termination of the contract. The court may reinstate him or award compensation.