Termination of an open-ended employment contract by the employee is one of the most common ways an employment relationship ends in Poland. Many employees wonder whether they have to give a reason for resigning, what legal basis should appear in the employment certificate (świadectwo pracy) and whether they can give notice at any time. Termination of employment is governed by detailed provisions of the Labour Code (Kodeks pracy), which set out the rights and obligations of both the employee and the employer. Other rules govern notice for fixed-term contracts.
Under Article 30 § 1 of the Labour Code, an employment contract can be terminated in several ways - by mutual agreement of the parties, by a declaration of one party with notice, by a declaration of one party without notice, or on expiry of the period for which it was concluded. Each of these methods has its own legal consequences and must be properly documented in the employment certificate.
An open-ended employment contract can be terminated with notice by either party to the employment relationship. The employee may give notice without giving a reason, while the employer must justify its notice (Article 30 § 4 of the Labour Code). Notice should be given in writing (Article 30 § 3 of the Labour Code)
Basic rules for terminating an employment contract with notice
Terminating an open-ended employment contract with notice is a right of both the employee and the employer. However, the obligations involved differ for each party. The employee can give notice at any time and does not have to justify the decision or give reasons. This freedom stems from the constitutional right to freedom of work and choice of occupation.
The employer, by contrast, faces many more restrictions. It must give a specific and true reason for the notice, which should be justified by objective circumstances. In addition, the employer cannot give notice in certain situations, for example during the employee's sick leave or maternity leave (Articles 41 and 177 of the Labour Code).
The Labour Code does not set a template for notice given by the employee — it requires written form (Article 30 § 3). In practice the document contains the place and date, the employer's and employee's details, a statement terminating the contract with the date it was concluded, information on the notice period and the employee's signature. The employer's signature is not needed — it is a unilateral declaration; the employer may only confirm the date of receipt
Written form of the notice is required: the declaration "should be made in writing" (Article 30 § 3 of the Labour Code). However, the provision does not require it on pain of invalidity (Article 73 § 1 of the Civil Code in conjunction with Article 300 of the Labour Code), so notice given orally or by ordinary e-mail is defective but, as a rule, effective — it is just harder to prove its content and date. Written form is also met by an electronic document with a qualified electronic signature (Article 78¹ § 2 of the Civil Code). Notice is given when it reaches the employer in such a way that the employer could read its content (Article 61 § 1 of the Civil Code). The notice document should be precise to avoid legal disputes in the future.
When it is the employer that gives notice, the notice must also include information about the employee's right to appeal to the labour court (Article 30 § 5 of the Labour Code). This statement is informational and aims to inform the employee of their rights if they consider the notice unlawful.
Notice periods for open-ended contracts
The length of the notice period is one of the most important aspects of terminating an employment contract. Under Article 36 § 1 of the Labour Code, the notice period depends on the employee's length of service with the given employer. It also includes employment with the previous employer when the workplace is transferred (Article 36 § 1¹) and, from 2026, periods of contracts of mandate (umowa zlecenia) and business activity performed for the same employer (Article 302¹ § 8 of the Labour Code; in the public sector from 1 January 2026, for others from 1 May 2026). The rules provide for three basic notice periods, intended to give both parties enough time to prepare for the end of the working relationship. How to work out when the notice period starts is shown in a separate guide.
For employees employed for less than 6 months, the notice period is 2 weeks. This is the shortest notice period for an open-ended contract and applies to people at the start of their career with a given company. This period allows the employment relationship to end relatively quickly, which is particularly useful if the employee is not a good fit for the position.
The notice period for an open-ended employment contract is 2 weeks for employees employed for less than 6 months, one month for employees employed for at least 6 months, and 3 months for employees employed for at least 3 years. The same periods apply regardless of which party gives notice
Employees employed for at least 6 months are entitled to a one-month notice period. This period is a compromise between the need for job stability and labour market flexibility. A month is enough time for the employer to find a replacement or for the employee to find a new job.
The longest notice period, 3 months, applies to employees employed for at least 3 years. This period reflects the investment in the employee's development and the need to give them greater job stability. For the employer it also means more time to find a suitable successor and hand over duties.
When the notice period starts
Determining when the notice period starts is crucial for establishing the end date of the employment contract. The Labour Code sets the day on which the notice period ends: a period of a week or multiple weeks ends on a Saturday, and a period of a month or multiple months ends on the last day of the month (Article 30 § 2¹ of the Labour Code).
For notice periods counted in months, in practice the notice period runs from the first calendar day of the month following the month in which notice was given. This rule is meant to simplify settlements and make the end date of the contract clear.
For notice periods counted in weeks, in practice the notice period is counted from the first Sunday after the day notice was given, so that it ends on a Saturday. This rule also ensures transparency and makes planning easier for both employee and employer.
- The employee gives notice in the proper written form
- In practice, the employer confirms receipt of the notice
- The start of the notice period is determined
- The end date of the employment contract is calculated
- The documents related to termination are prepared
An employee with 5 years of service with a given employer gave notice terminating an open-ended employment contract on 15 January 2026. As his service exceeds 3 years, he is subject to a 3-month notice period counted in months. The notice period starts on 1 February 2026 and the contract will end on 30 April 2026.
Obligations of the parties when notice is given
Notice given by the employee involves different obligations for both parties to the employment relationship. The employee has the right to give notice without giving a reason, which is the basic difference compared with the employer's obligations. This asymmetry reflects the protection of the weaker party to the employment relationship and the constitutional right to freedom of work.
The employee does not have to justify the decision to give notice, does not need the employer's consent and does not have to meet any additional conditions. It is enough to submit a written declaration of termination, observing the proper form and periods. This right cannot be restricted by the employment contract or work regulations — provisions less favourable to the employee than labour law are invalid (Article 18 of the Labour Code).
An employee terminating an open-ended employment contract does not have to give a reason. The obligation to justify notice rests solely with the employer, which must state a specific and true reason for terminating the employment relationship (Article 30 § 4 of the Labour Code). That reason should be objective and justified
The employer, on the other hand, has many more obligations related to giving notice. It must give a specific reason for the notice, which should be true and objective. It cannot be an invented reason or one that is inadequate to the situation. In addition, the employer must inform the employee of the right to appeal to the labour court if they consider the notice unlawful.
The employer's obligations also include properly preparing the documents related to termination, including the employment certificate, and making all financial settlements with the employee. The employer must also allow the employee to work during the notice period, unless it releases the employee from this obligation.
Employment certificate when the employee gives notice
The employment certificate is a document summarising the employee's period of employment with a given company and is crucial for their further career. The employer must issue the employment certificate on the day the employment relationship ends (Article 97 § 1 of the Labour Code), i.e. on the last day of the notice period — also when the employee was released from the obligation to work. If this is not possible for objective reasons, the employer sends the certificate within 7 days through a postal operator or delivers it in another way. The document must contain all the information required by law, including the legal basis for terminating the employment relationship.
Point 4 of the employment certificate must state the method and legal basis of termination. When the employee gives notice, the legal basis is Article 30 § 1 point 2 of the Labour Code, with additional information on which party gave notice (§ 2(1)(4) of the regulation on the employment certificate, consolidated text: Journal of Laws (Dz.U.) 2024, item 1016). This information matters to future employers and inspection authorities.
The employment certificate must contain information on the position, period and type of work performed and the data needed to determine employee rights and social insurance rights (Article 97 § 2 of the Labour Code). Point 4 must state the legal basis for terminating the employment relationship, which, when the employee gives notice, is Article 30 § 1 point 2 of the Labour Code
The Labour Code provides for different legal bases for terminating an employment contract, which must be correctly indicated in the employment certificate. The basic ones are Article 30 § 1 point 1 for mutual agreement, Article 30 § 1 point 2 for notice by either party, Article 30 § 1 point 3 for termination without notice, and Article 30 § 1 point 4 for fixed-term contracts. For termination without notice, the employer additionally states Article 52, 53 or 55 of the Labour Code. The employee may terminate the contract without notice only in the situations set out in Article 55 of the Labour Code — when the employer does not transfer them to other work despite a medical certificate stating that the work is harmful to their health, or when the employer has seriously breached its basic obligations towards the employee (in which case the employee is entitled to compensation equal to the pay for the notice period). Such a declaration is made in writing, stating the reason (Article 55 § 2). The employer’s perspective is presented in our employer's guide to terminating an employment contract.
| Legal basis | Method of termination | Who can use it | Justification required |
|---|---|---|---|
| Article 30 § 1 point 1 | Mutual agreement | Both parties jointly | Not required |
| Article 30 § 1 point 2 | Notice | Employee or employer | Only from the employer (Article 30 § 4) |
| Article 30 § 1 point 3 | Without notice | Employee or employer | Specific reasons (Articles 52, 53, 55) |
| Article 30 § 1 point 4 | Expiry of term | Automatically | Not applicable |
There are also special legal bases for the end of employment that apply in specific situations: expiry of the contract on the death of the employee or the employer, or after 3 months of the employee's pre-trial detention (Articles 63¹, 63² and 66 of the Labour Code), and termination by the employee with seven days' warning within 2 months of the workplace being transferred to another employer (Article 23¹ § 4 of the Labour Code). These situations require the relevant special provisions to be applied.
Practical aspects of giving notice
Giving notice as an employee requires a well-thought-out approach and knowledge of the practical aspects of the process. The employee should prepare for the conversation with the employer, although they do not have to justify the decision. It is still worth remaining professional and courteous, especially if you want to keep good relations with your current employer.
The written notice should be prepared carefully and contain all the required elements. It is worth keeping a copy of the document for yourself and making sure the employer confirms receipt of the notice. This protects the employee against possible disputes about the date notice was given.
- Preparing a written notice of termination
- Setting the date of giving notice and calculating the notice period
- Talking to your direct manager about your plans to leave
- Handing over duties and projects to other employees
- Settling financial and material matters with the employer
The notice period is the time during which the employee continues to perform their duties, unless the employer releases them from this obligation. The employer may do so also when the employee gave notice, and an employee released from the obligation to work keeps the right to pay (Article 36² of the Labour Code). If the employee wants to leave sooner, after notice has been given the parties may agree on an earlier termination date, which does not change the method of termination (Article 36 § 6 of the Labour Code), or terminate the contract by mutual agreement (Article 30 § 1 point 1). For employers, we prepare employment certificates and the paperwork connected with an employee’s departure as part of our HR and payroll services.
During the notice period the employment relationship continues, so the employee is entitled to pay and benefits on the existing terms. The employer may release the employee from the obligation to work while keeping the right to pay (Article 36²). It may also grant annual leave during this period, which the employee is then obliged to take (Article 167¹ of the Labour Code)
Another important issue is taking outstanding annual leave. If the employer grants the employee leave during the notice period, the employee is obliged to take it — current leave on a pro rata basis, outstanding leave in full (Article 167¹ of the Labour Code). The employee may also request leave under the usual rules. For leave not taken by the termination date, the employee is entitled to payment in lieu (Article 171 § 1 of the Labour Code).
Special situations when giving notice
Notice may be given in various circumstances that can affect the process. Some situations require particular attention and knowledge of additional labour law provisions. The employee should be aware of their rights and obligations in unusual situations.
One such situation is giving notice during sick leave. The employee has the right to give notice at any time, including during illness. However, the practical side of the process can be complicated, especially as regards financial settlements and continued treatment.
Another situation concerns employees in managerial positions or people with access to confidential information. Although the Labour Code does not provide for additional restrictions for such employees, the parties may conclude a non-competition agreement for the period after employment ends (Article 101² of the Labour Code) or confidentiality provisions.
An employee working as an accountant for 2 years decided to terminate her employment contract because she was moving to another city. She gave written notice on 22 February 2026. Based on her length of service, she is subject to a one-month notice period, which will start on 1 March 2026. Her last day of work will be 31 March 2026, and the employer must issue her an employment certificate with the legal basis Article 30 § 1 point 2 of the Labour Code.
The employee can give notice at any time, including during sick leave, holidays or other absences from work. There are no provisions restricting this right depending on the employee's personal or professional situation. Notice given in such circumstances is fully effective
It is also worth remembering issues related to the protection of personal data and confidential information. An employee who gives notice is still bound by obligations under data protection law and may be liable for breaching the confidentiality of company information even after employment ends.
Financial settlements on notice
Notice given by the employee requires financial settlements between the parties. The employee is entitled to pay for the time worked, including the notice period, and to other benefits under the employment contract and labour law.
The basic element of the settlement is pay for the last month of work and for the notice period. If the employee was released from the obligation to work during the notice period, they keep the right to pay for that period (Article 36² of the Labour Code).
Another important element of the settlement is payment in lieu of unused annual leave (Article 171 § 1 of the Labour Code). The employee is entitled to payment in lieu for all leave days not used by the termination date. The amount is calculated on the basis of the pay the employee would have received during leave (with a coefficient of 20.92 in 2026), and the employer pays it on the pay date (Article 171 § 4 of the Labour Code).
For the notice period the employee is entitled to pay — for work performed or, if released from the obligation to work, under Article 36² of the Labour Code. In addition, they are entitled to payment in lieu of unused annual leave and other benefits under the employment contract
The settlement may also include reimbursement of costs incurred by the employee in connection with their work, such as business travel costs, office supplies or training fees. The employer must reimburse these costs in line with the company's procedures.
On the other hand, the employee may have to repay certain benefits received from the employer, such as salary advances, employee loans or the costs of improving professional qualifications, if this is provided for in a training agreement (Articles 103⁴–103⁵ of the Labour Code). All these issues should be settled when the contract ends.
