Employment Contract
Termination Notice Period
The notice period is a key principle in employment law. Learn the table of termination notice periods for employees and employers, exceptions, and new changes in 2026 that extend notice periods in the private sector.
Introduction: Notice Periods in Employment Law
Every employment contract can be terminated by serving notice. However, employment law protects workers, so both the employee and employer must comply with minimum notice periods specified in the Labor Code.
In 2026, Polish employment law undergoes significant changes. The reforms are implemented in stages — for the public sector from January 1, for private companies from May 1, 2026. The changes primarily involve extending notice periods for long-term employees.
Notice Period Table from Labor Code
Notice periods vary depending on the contract type, length of service, and whether notice comes from the employee or employer.
Indefinite-Term Contract — Main Periods
| Length of Service | Employee Notice Period | Employer Notice Period |
|---|---|---|
| Less than 6 months | 2 weeks (Art. 34 LC) | 2 weeks (Art. 34 LC) |
| 6 months to 3 years | 1 month (Art. 34 LC) | 1 month (Art. 34 LC) |
| 3 years or more | 3 months (Art. 34 LC) | 3 months (Art. 34 LC) |
Important principle: For indefinite-term contracts, notice periods are symmetrical — employees and employers have nearly identical timeframes. Exceptions occur when immediate termination is required without notice.
Probationary Period — Special Terms
| Probation Length | Notice Period | Legal Basis |
|---|---|---|
| Up to 2 weeks | 3 working days (Art. 36 LC) | Art. 36 ust. 1 LC |
| More than 2 weeks to 3 months | 1 week (Art. 36 LC) | Art. 36 ust. 1 LC |
| Exactly 3 months | 2 weeks (Art. 36 LC) | Art. 36 ust. 1 LC |
During probation, notice is much shorter — both employer and employee can separate quickly without cause. This is a deliberate legislative decision — both parties should quickly verify whether collaboration works.
How to Calculate the Notice Period
Calculating notice is not intuitive. Employment law has precise rules for counting days and weeks.
Principle: The Day After Service
The notice period begins on the day following service. If served on Friday, April 10, we count from Monday, April 13 (excluding the weekend).
Final Day — Days Off and Holidays
If the notice period ends on a day off (Saturday, Sunday) or holiday, we move the end date to the first working day. This is a protective rule for the employee.
In practice: If a three-week employee notice ends on Friday, that Friday is the last day. However, if it ends on Saturday, we move it to Monday.
Counting Weeks and Months
The Labor Code distinguishes:
- Working days: Monday–Friday (weekends and holidays not counted)
- Weeks: Exactly 7 calendar days
- Months: Counted by date in following month (e.g., April 1 + 1 month = May 1)
Exceptions to Standard Notice Periods
Employment law provides many situations where periods are shorter or do not apply.
Termination Without Notice — Immediate Termination
Both employee and employer can terminate without notice if a "just cause" exists.
| Scenario | Period | Legal Basis |
|---|---|---|
| Employer breaches obligations | No notice (immediate) | Art. 30 ust. 3 LC |
| Conduct incompatible with workplace rules | No notice (immediate) | Art. 30 ust. 3 LC |
| Lack of work for 3 months | 2 weeks (Art. 30 ust. 2 LC) | Art. 30 LC |
| Workplace liquidation | 2 weeks (Art. 34 LC) | Art. 34 LC |
Termination Due to Lack of Work
If the employer has no work for 3 months, both employer and employee can terminate with 2 weeks' notice instead of 1 or 3 months.
Terminating Pregnant Employees or Those on Parental Leave
The employer cannot terminate an employee during pregnancy, on maternity leave, or on parental leave — with certain exceptions (e.g., bankruptcy).
Changes in Notice Periods from 2026
Poland's employment law reform introduces significant changes to notice periods. The reform is phased.
Reform Implementation Schedule
From May 1, 2026: Changes apply to private companies (shorter preparation period required).
New Periods for Long-Term Employees
The reform extends notice periods for employees with 3+ years of service. Both employee and employer will wait longer for contract termination.
Practical consequences: Employees more quickly gain higher vacation entitlements (26 days instead of 20). Professional activity periods from civil law contracts and business activities count toward service records.
Practical Examples of Notice Calculation
Example 1: Employee with 9.5 Months of Service
Scenario: Employee hired July 2, 2025, served notice April 20, 2026
Service length: ~9.5 months (more than 6 months)Notice period: 1 month
Counting from: April 21, 2026
Period ends: May 21, 2026
Employee leaves: May 21, 2026
Example 2: Employee with 7 Years of Service
Scenario: Employee hired March 15, 2019, served notice April 15, 2026
Service length: ~7 years (more than 3 years)Notice period: 3 months
Counting from: April 16, 2026
Period ends: July 16, 2026
If July 16 is a Thursday — last day is Thursday, July 16, 2026
Employee leaves: July 16, 2026
Example 3: Employer Terminates Due to Lack of Work
Scenario: Employee has no work since March, employer terminates April 10, 2026
Situation: 3 months without work (cause established)Notice period: 2 weeks (Art. 30 ust. 2 LC — exception)
Counting from: April 11, 2026
Period ends: April 25, 2026
Employee leaves: April 25, 2026
Main Employer Obligations During Notice Period
The employer has specific obligations to the employee during notice.
- Salary payment: Employee is entitled to full pay for work performed during notice
- Vacation: Employer should grant vacation if requested during notice
- Document return: After termination, employer must provide work certificate and documents
- Settlement information: Employee should receive final salary settlement information
Frequently Asked Questions
Can an employee work for another employer during notice?
No, not without current employer's consent. Employment law prohibits competition — employee must fulfill obligations until notice period ends.
Can an employer deny vacation during notice?
Employee has vacation rights, but employer can refuse based on organizational needs. However, for longer notice periods, granting vacation is reasonable so employees can seek new work.
Is changing position during notice allowed?
Employer can change position during notice but needs employee consent if change reduces wages or worsens conditions.
What if an employee does not complete notice?
Employee can be penalized through compensation — employer can demand payment equal to remaining notice period salary.
Does notice period count toward service record?
Yes, notice counts toward total service record. This matters for retirement and insurance rights.
Must notice be in writing?
Notice must be in writing — oral statements are insufficient. This is a formal Labor Code requirement.
Disclaimer — Important Information
This article contains educational guidance on employment law changes. Information is for informational purposes only and does not constitute legal or HR advice. Every employment situation is unique — consult an employment law specialist or HR advisor before making termination decisions. Regulations may change — follow official government announcements.
Do You Need Help with Employment Law?
The Accounting365 team specializes in HR and employment law. We offer:
- Employment law consultations
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- Labor law compliance
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Katarzyna specializes in employment law and workplace relations. She has advised employers and employees on terminations, contract resolutions, and disputes. She understands practical Labor Code aspects and their business impact for 10 years.