Ending an employment contract (umowa o pracę) and the right to unemployment benefit in Poland are closely linked. The way the employment relationship ends has a direct impact on whether you can receive financial support from the labour office. The Act of 20 March 2025 on the labour market and employment services (Journal of Laws (Dz.U.) 2025, item 620), which replaced the Act on employment promotion and labour market institutions on 1 June 2025, sets out clearly when an unemployed person can count on benefit, when they must wait for a certain time and when they lose the right altogether.
Every employee should be aware of the consequences of choosing how to end an employment contract. A rash decision can leave you without income for a long time, which will significantly affect the finances of your whole family. That is why it is so important to understand how the unemployment benefit system works and to know the rules that govern it.
The right to unemployment benefit depends on how the employment contract ended, under Article 219 and Article 220 of the Act on the labour market and employment services. The rules allow an employment relationship to end by notice, by mutual agreement of the parties or through the employee's fault. Each of these methods has different consequences for the right to benefit
Notice of termination given by the employee
Notice of termination given by the employee is one of the most common ways an employment relationship ends. However, its consequences for the right to unemployment benefit are quite severe and may surprise many employees. Under Article 219 section 1 point 1 of the Act on the labour market and employment services, an unemployed person is not entitled to benefit if, before registering with the district labour office (powiatowy urząd pracy, PUP), they ended their last employment relationship by giving notice, unless this was due to a change of residence or under Article 55 § 1 or § 1¹ of the Labour Code (Kodeks pracy). How long the notice itself lasts is explained in our article on how to calculate the notice period.
A notice of termination is a unilateral legal act that ends the contract once the notice period has expired. The key element is that the notice comes from the employee, not the employer. This means the employee decides of their own free will to end the employment relationship.
Notice of termination given by the employee (apart from the statutory exceptions) means that unemployment benefit is not payable at all. Until 31 May 2025 the consequence was a 90-day waiting period, but the new Act does not provide for one. The rule does not apply where the last employment relationship is not the basis for acquiring the right to benefit (Article 219 section 2)
There are, however, special situations in which termination by the employee does not deprive them of the right to benefit. This applies where the employee terminates the contract without notice because the employer has seriously breached its basic obligations. Such a termination is not the same as an ordinary notice and does not lead to loss of the right to benefit.
An example is where the employer has not paid the employee's wages for a long time. The employee then has the right to terminate the contract without notice in writing, which does not deprive them of the right to apply for unemployment benefit. A termination of this kind, made by the employee's statement without notice, cannot result in the loss of the right to benefit. On the employer's side, the employment certificate and the final settlement with the employee are part of our HR and payroll services.
Termination of the employment contract by the employee without notice because the employer has seriously breached its obligations does not deprive the employee of the right to benefit. Such a termination is not the same as notice given by the employee and does not trigger a waiting period. The employee can apply for unemployment benefit straight away
The procedure for an employee giving notice includes the following steps:
- Preparing a written notice of termination
- Setting the end date of the employment relationship in line with the notice period
- Handing the notice to the employer in a way that allows receipt to be confirmed
- Working the notice period or negotiating a shorter one with the employer
- Collecting the employment certificate (świadectwo pracy) and settling up with the employer
After the employment relationship ends, the employee can register with the district labour office as unemployed, but if they gave notice themselves (apart from the exceptions described above), they will not acquire the right to benefit. They can, however, use job placement services and other forms of support offered by the labour office.
Termination of the employment contract by mutual agreement
Ending an employment contract by mutual agreement of the parties is a popular way of ending employment, especially when both sides want a quick and amicable parting. This method also has consequences for the right to unemployment benefit, although milder ones than notice given by the employee.
If, before registering with the district labour office, the unemployed person ended their last employment relationship by mutual agreement, they will not receive unemployment benefit immediately after registration (Article 220 section 1 point 5 of the Act on the labour market and employment services). The exception is an agreement concluded because of a change of residence or because of the employer's bankruptcy, liquidation or a reduction in employment for reasons relating to the workplace. Termination by mutual agreement can be used for any contract and takes effect on the date set in the agreement. The parties are completely free to set this date, which is the main advantage of this form of termination.
Termination of the employment contract by mutual agreement means that the right to unemployment benefit is acquired after 90 days from the date of registration with the labour office (Article 220 section 2 point 3). The benefit period is also shortened by these 90 days (Article 225 section 3). A mutual agreement is treated as a voluntary end to the employment relationship
A mutual agreement can be particularly useful when the employee plans to change profession, start a business or already has a new job lined up. Flexibility in setting the termination date makes it easier to plan your career. However, the employee must be aware that by choosing this form of termination, they give up the immediate right to unemployment benefit.
Concluding a mutual agreement involves several important elements:
| Element of the agreement | Description | Legal significance | Consequences |
|---|---|---|---|
| Termination date | End date of the employment relationship | Determines when rights and obligations cease | Affects the contribution period |
| Financial settlement | Pay, leave, bonuses | Final settlement of amounts due | Does not affect the amount of benefit (statutory amount) |
| Employment certificate | Document confirming employment | Needed for registration at the office | States how the contract ended |
| Notice period | Whether it is observed or shortened | Affects the employee's rights | May affect severance pay |
So if an employee submits to the employer a proposal to end the contract by mutual agreement on a specific date, they will not be able to use the right to unemployment benefit immediately after registration. Termination of the employment contract by mutual agreement means the right to unemployment benefit is acquired after 90 days.
It is worth concluding the mutual agreement in writing (this makes it easier to prove how the contract ended), and it should state precisely the termination date and how all amounts due will be settled. This document is the basis for issuing an employment certificate with the appropriate code for the reason the contract ended. The employee should keep a copy of the agreement as proof of how the employment relationship ended
It is worth stressing that a mutual agreement can be concluded at any time during the employment contract, regardless of its type – whether it is a fixed-term contract, an open-ended contract or a probationary contract. The flexibility of this form of termination means it is often chosen by employees who already have a new job lined up or are planning a longer break from work. Where no agreement is reached, what remains is resignation by the employee – followed by the issue of an employment certificate.
Termination of the employment contract through the employee's fault
Termination of the employment contract through the employee's fault is the harshest way an employment relationship can end and has the most serious consequences for the right to unemployment benefit. Under the Act on the labour market and employment services, an employee who caused the termination of the employment relationship without notice through their own fault does not acquire the right to unemployment benefit at all.
Article 219 section 1 point 2 of that Act provides that an unemployed person is not entitled to benefit if, before registering with the labour office, they caused their last employment relationship to be terminated without notice through their own fault. Until 31 May 2025, under the Act on employment promotion, the consequence was a 180-day waiting period – now no benefit is payable on this basis at all.
Termination of the employment contract through the employee's fault means that unemployment benefit is not payable (Article 219 section 1 point 2). The rule does not apply only where the last employment relationship is not the basis for acquiring the right to benefit (Article 219 section 2). Registration as unemployed and help from the labour office remain available
There is no longer any "waiting it out" – benefit is not payable regardless of how long it could have been paid (180 or 365 days).
Termination through the employee's fault can happen in various situations, but it must always have a basis in Article 52 § 1 of the Labour Code – most often a serious breach of basic employee duties. The most common reasons are:
- Theft of property belonging to the employer or co-workers
- Coming to work under the influence of alcohol or drugs
- Persistent breaches of the work regulations
- Unexcused absence from work over a longer period
- Breach of professional or business confidentiality
- Acting to the employer's detriment
The employer can terminate an employment contract without notice through the employee's fault in the event of a serious breach of basic employee duties, an obvious offence or one confirmed by a court judgment, or a culpable loss of the qualifications needed for the job (Article 52 § 1 of the Labour Code). The termination cannot take place more than one month after the employer learned of the circumstances justifying it (Article 52 § 2 of the Labour Code). The termination must be made in writing and state the reason
The consequences of termination through the employee's fault go beyond unemployment benefit. The employee loses the right to:
- Severance pay on termination of the contract
- Pay for the notice period
- Unemployment benefit
In addition, the termination through the employee's fault is recorded in the employment certificate, which may make it harder to find a new job. Future employers may treat this information as a warning sign and be less willing to hire such a person.
An employee of a logistics company was caught stealing goods worth PLN 500. The employer terminated the employment contract without notice through the employee's fault within 15 days of discovering the theft. After registering with the labour office, the former employee will not acquire the right to benefit, but can use job placement and other forms of help from the office.
How your employment history affects the right to benefit
The right to unemployment benefit depends not only on how the employment contract ended, but also on your employment history and the contributions paid to the Labour Fund (Fundusz Pracy). To apply for benefit, an unemployed person must meet certain conditions regarding their work history, which are calculated in a specific way.
The basic condition for acquiring the right to benefit is a total of at least 365 days within the 18 months immediately before registration with the labour office during which the unemployed person was employed (or, for example, performed a contract of mandate (umowa zlecenia) or ran a business) and earned at least the minimum wage on which the Labour Fund contribution was paid (Article 218 section 1). The same requirement applies to people who have received benefit before – periods that have once served as the basis for acquiring the right to benefit cannot be counted again (Article 218 section 5).
The qualifying period for unemployment benefit must be at least 365 days within the last 18 months before registration with the labour office. Periods already used to acquire a previous benefit do not count again. These days do not have to be continuous, but the total must reach the required number
The amount of benefit depends on the length of your entire qualifying period (the 20-year threshold), and the benefit period depends on the unemployed person's situation (Articles 224–225 of the Act). The amounts below apply from 1 June 2026:
| Unemployed person's situation | Benefit period | Amount of benefit (monthly) |
|---|---|---|
| Qualifying period under 20 years | 180 days | PLN 1,783.90 for the first 90 days, then PLN 1,400.90 |
| Qualifying period of at least 20 years | 180 days | 120%: PLN 2,140.68, then PLN 1,681.08 |
| Over 50 and at least 20 years of qualifying period | 365 days | 120%: PLN 2,140.68, then PLN 1,681.08 |
| Person with a disability, holder of a Large Family Card (Karta Dużej Rodziny) or single parent of a child under 18 | 365 days | 100% or 120% of the amount (depending on the qualifying period) |
The qualifying period includes periods in which Labour Fund contributions were paid on at least the minimum wage, as well as equivalent periods (Article 218 sections 1 and 2). It covers not only periods of employment under an employment contract, but also:
- Periods of running a business
- Military or alternative service
- Periods of receiving certain social insurance benefits
- Periods of parental leave (urlop wychowawczy)
- Periods of work performed while serving a prison sentence (with contributions on at least the minimum wage)
The qualifying period includes periods in which Labour Fund contributions were paid on at least the minimum wage, regardless of the legal basis of employment. Equivalent periods, such as military service or parental leave, are also taken into account. For the right to benefit only the 18 months before registration count, whereas for the 20-year period on which the higher benefit depends, periods from your whole working life are added up
How to apply for unemployment benefit
The procedure for applying for unemployment benefit is strictly regulated and requires certain formalities. The first step is registering with the district labour office competent for the unemployed person's place of residence – in person or using an electronic form (Article 55 section 2). You can only register as unemployed after your employment has ended, because unemployed status applies to a person who is not employed (Article 2 point 1 of the Act).
The following documents are needed to register with the labour office:
- Identity document (ID card or passport)
- Employment certificate or other documents confirming employment
- Documents confirming education and professional qualifications
- Documents confirming the contribution period (if required)
- Documents on health contraindications to certain types of work or on disability (if applicable)
After registration, the labour office checks whether the person meets the conditions to be recognised as unemployed and whether they are entitled to benefit. If the check is positive, the unemployed person receives an administrative decision granting the right to benefit, which sets out the benefit period and the amount.
Registration takes place on application: electronically, using a form in the public employment services' IT system (with an electronic signature), or in person at the PUP (Article 55 section 2). Registration takes effect on the day a complete application is submitted or the person reports to the office (Article 61 section 1). The decision on the right to benefit contains information on the amount of benefit, the benefit period and the unemployed person's obligations
An unemployed person receiving benefit has certain obligations, and failure to meet them may result in suspension or loss of the right to benefit:
- Reporting to the labour office on the set date
- Actively looking for work and reporting on the steps taken
- Accepting a suitable offer of work, an internship or training
- Taking part in activation programmes
- Notifying the labour office within 7 days of taking up work or starting a business
The amount of unemployment benefit is set in the Act as a fixed sum and is indexed every year on 1 June by the average annual price index (Article 228). From 1 June 2026, the benefit is PLN 1,783.90 a month for the first 90 days, and then PLN 1,400.90 for the rest of the period; with a qualifying period of at least 20 years – 120% of these amounts.
An unemployed person registered with the labour office in July 2026 who previously worked for 8 years and does not meet the conditions for a longer period will receive benefit for 180 days. For the first 90 days the benefit will be PLN 1,783.90 a month, and for the next 90 days – PLN 1,400.90. They must regularly confirm that they are ready to take up work.
Special cases and exceptions to the general rules
The unemployment benefit system provides for a number of exceptions to the general rules, which may be important for people in particular personal or professional situations. Knowing these exceptions can be key to planning your career and protecting your finances.
One of the most important exceptions is where the employee terminates the employment contract without notice because the employer has seriously breached its obligations. In such cases, even though it is formally the employee who makes the termination statement, they do not lose the right to apply for unemployment benefit straight away (Article 219 section 1 point 1 in conjunction with Article 55 § 1¹ of the Labour Code).
Termination of the contract by the employee without notice because the employer has seriously breached its obligations is not treated as notice given by the employee. The employee keeps the right to apply for benefit straight away, without a waiting period. They must, however, document the reasons for their action
Special rules also apply to women who give birth while receiving benefit or within 30 days after it ends – the benefit period is then extended by the time for which maternity benefit would be payable (Article 225 section 2). Parental leave counts towards the qualifying period for benefit. People over 50 with a qualifying period of at least 20 years receive benefit for 365 days.
Exceptions also apply to people who:
- Ended the contract by notice or by mutual agreement because of a change of residence
- Ended the contract without notice under Article 55 § 1 or § 1¹ of the Labour Code
- Ended the contract by mutual agreement because of the employer's bankruptcy, liquidation or a reduction in employment for reasons relating to the workplace (for example as part of collective redundancies)
- Were ending their working life and approaching retirement age (pre-retirement benefit under a separate Act)
People over 50 are entitled to an extended, 365-day benefit period if they have a qualifying period of at least 20 years (Article 225 section 1 point 2 letter c). In addition, unemployed people who have turned 55 may in certain cases receive pre-retirement benefit. These rules are intended to protect people in the most difficult situation on the labour market
Another important exception concerns unemployed people who lost their unemployed status for less than 365 days because they took up a job or started a business. If they register again within 14 days of it ending, they regain the right to benefit for a period shortened by the time they have already received it (Article 226 section 1), without having to meet the 365-day condition again.
