Notice periods for employment contracts

Notice periods for employment contracts are one of the elements of the employment relationship. How to count them? Can they be shortened or extended? We answer these and other questions in the article below.

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 for employment contracts 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 for employment contracts under Labor Law

Notice periods for employment contracts 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 for employment contracts?

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 for employment contracts – 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 for employment contracts?

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 for employment contracts?

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 for employment contracts. Summary

The length of notice periods for employment contracts depends on many factors, e.g. length of service, type of contract and reason for termination. Understanding these rules helps avoid misunderstandings and disputes.

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Frequently Asked Questions About Notice Periods for employment contracts

[1] Judgment of the Supreme Court of 11 May 1999, signature: I PKN 34/99