Terminating an employment contract with notice is one of the most common ways of ending employment in Poland. The process, however, requires compliance with specific rules on the length of the notice period and how it is calculated. Knowing these rules is essential for both employers and employees who are planning to end their working relationship.
In 2026, the notice period for an employment contract is governed by essentially the same provisions of the Labour Code (Kodeks pracy) as in previous years – what is new is that certain periods of work on a basis other than an employment contract now count towards the period of employment (Article 302¹ of the Labour Code). In practice, however, applying these rules often raises doubts, especially when it comes to setting the start and end dates of the notice period. Calculating the dates correctly is crucial for both parties, as it affects planning of their future professional activity and financial settlements. A special case is terminating a contract before work starts.
What termination with notice means
Termination of an employment contract with notice is a unilateral declaration of intent by one of the parties to the employment relationship, intended to end it after a set notice period. A characteristic feature of this way of ending a contract is that it does not require the other party's consent, because it is a unilateral decision of the party making the declaration.
Both the employer and the employee have the right to terminate an employment contract with notice. As a rule, either party may use this right at any time during the employment relationship, provided that the appropriate notice period is observed – the employer is, however, restricted by the provisions on special protection of certain employees (for example, Article 39 and Article 177 of the Labour Code). An important change in the legislation, in force since 26 April 2023, is the employer's obligation to state the reason for termination also for fixed-term contracts (Article 30 § 4 of the Labour Code).
Either party to the employment relationship may terminate an employment contract with notice without the other party's consent. Since 26 April 2023, the employer must state the reason for termination also for fixed-term contracts, which is a significant change in HR practice
The notice should be given in writing (Article 30 § 3 of the Labour Code) and should clearly identify the parties and the contract it concerns. In practice, it is also worth stating the date on which the notice period ends. The declaration is signed by the party terminating the contract; the other party's signature is not a condition for the notice to be effective, but it confirms the date of delivery. In addition, the employer must state the reason for terminating a fixed-term or open-ended contract and inform the employee of the right to appeal to the labour court (Article 30 § 4 and 5 of the Labour Code). An employee giving notice does not have to state a reason – we cover this and the employment certificate after resignation separately.
Wording the notice properly is crucial for avoiding legal disputes between the parties. The document should be clear and unambiguous, leaving no doubt as to the intentions of the person making the declaration. Pay particular attention to calculating and stating the end date of the notice period correctly.
Types of contract and the possibility of termination
The Labour Code allows employment contracts concluded for different periods to be terminated with notice. Notice may apply to contracts for a probationary period, fixed-term contracts and open-ended contracts. Each of these types of contract is subject to slightly different rules on the length of the notice period and how it is calculated.
Probationary contracts have the shortest notice periods, which depend on the length of the probationary period. Terminating such contracts with notice is common in practice, especially when one party concludes that the working relationship is not going as expected.
Employment contracts for a probationary period, fixed-term and open-ended contracts may be terminated with notice by either party. The length of the notice period depends on the type of contract and the period of employment with the given employer
Fixed-term and open-ended contracts are subject to the same rules on the length of the notice period. The key factor determining the length of notice is the employee's total period of employment with the given employer. This period includes all previous employment contracts concluded with the same employer, regardless of their type and any breaks between them.
What matters is that breaks between successive employment contracts concluded with the same employer are irrelevant. This means that when setting the length of the notice period, all periods of employment with the given employer must be added up, which may result in a longer notice period than if only the last contract were counted.
Length of the notice period depending on length of service
The notice period for fixed-term and open-ended employment contracts depends directly on the employee's total period of employment with the given employer. The system is intended to give employees with longer service greater employment stability and enough time to find a new job.
The shortest notice period for a fixed-term or open-ended contract is 2 weeks and applies to employees employed by the given employer for less than 6 months. This period applies to relatively short employment relationships, where the need for employment stability is lower.
The intermediate notice period is 1 month and applies to employees employed by the given employer for at least 6 months. This notice period covers employees employed by the given employer for between 6 months and 3 years.
The longest notice period is 3 months and applies to employees employed by the given employer for at least 3 years. This period is intended to give special protection to employees with long service
Notice periods for probationary contracts are much shorter and depend on the length of the probationary period. For contracts concluded for a period not exceeding 2 weeks, the notice period is 3 working days. Probationary contracts longer than 2 weeks require 1 week of notice. The longest notice period for probationary contracts is 2 weeks and applies to contracts concluded for 3 months.
Table of notice periods:
| Type of contract | Period of employment | Length of notice | Method of counting |
|---|---|---|---|
| Fixed-term/open-ended | Less than 6 months | 2 weeks | Calendar |
| Fixed-term/open-ended | At least 6 months | 1 month | Calendar |
| Fixed-term/open-ended | At least 3 years | 3 months | Calendar |
| Probationary period | Up to 2 weeks | 3 working days | Working days |
| Probationary period | Longer than 2 weeks | 1 week | Calendar |
| Probationary period | 3 months | 2 weeks | Calendar |
Rules for calculating notice periods
How the notice period is calculated depends on the unit of time in which it is set. The Labour Code provides for three different ways of counting: in months, in weeks and in working days. Each has its own specific rules, which must be strictly followed when setting the start and end dates of the notice period.
Notice periods counted in months
Notice periods counted in months apply to fixed-term and open-ended contracts where the notice is 1 month or 3 months. The notice period starts on the first calendar day of the month following the month in which notice was given.
The notice period ends on the last day of the relevant month and lasts full calendar months. Importantly, the different number of days in individual months does not affect the end date of the notice. Whether a month has 28, 29, 30 or 31 days, the notice period always ends on the last day of the month.
Notice given on any day of the month starts to run on the first day of the following month. The notice period always ends on the last day of the month, regardless of the number of days in individual months
For example, if an employee with one year of service gives notice on 16 January, the one-month notice period will start on 1 February and end on the last day of February. Similarly, if notice is given on 28 February, the notice period will start on 1 March and end on 31 March.
Notice periods counted in weeks
Notice periods counted in weeks mainly apply to probationary contracts concluded for more than 2 weeks and to some fixed-term and open-ended contracts with short service. The notice period starts on the first Sunday after the day on which notice was given.
The notice period ends after the relevant number of calendar weeks, with Saturday always being the last day of the notice period. A week is understood in calendar terms as 7 consecutive days, counted from Sunday to Saturday.
For example, if on 9 January 2026 the employer hands notice to an employee employed under a 3-month probationary contract, the notice will start on Sunday, 11 January 2026. The two-week notice period will end after 2 weeks, and the last day will be Saturday, 24 January 2026.
Notice periods counted in working days
Notice periods counted in working days apply only to probationary contracts not exceeding 2 weeks. The first day of notice is the working day following the day on which the notice was delivered. The three-day notice period applies only to probationary contracts lasting no longer than 2 weeks.
When calculating a notice period in working days, all days except Sundays and public holidays are counted. Saturdays are usually treated as working days, unless they have been set as days off work
For example, if an employee employed under a 2-week probationary contract from 1 January 2026 gives notice on Monday, 5 January, the notice will start on Wednesday, 7 January (6 January is the public holiday of Epiphany). The three-day notice period will end on 9 January, and from 10 January the employment relationship will no longer exist.
Determining length of service for notice purposes
The period of employment on which the length of notice depends includes the total period of work with the given employer. Breaks between successive employment contracts concluded with the same employer are irrelevant. Employment with the previous employer also counts if the change of employer took place through a transfer of the workplace (Article 23¹) or the new employer is the legal successor of the previous one (Article 36 § 1¹ of the Labour Code). From 1 January 2026 in the public finance sector, and from 1 May 2026 for other employers, the period of employment with the given employer also includes documented periods in which the employee worked for that employer as a business owner, under a contract of mandate (umowa zlecenia) or another contract for the provision of services (Article 302¹ § 8 of the Labour Code) – this does not apply to notice periods that were already running on the day these provisions entered into force.
When setting the length of the notice period, all previous periods of the employee's employment with the given employer are taken into account, regardless of the type of contracts concluded. Periods of employment under probationary, fixed-term and open-ended contracts are added up. It also makes no difference whether there were breaks in employment between individual contracts.
An important rule is that the notice period counts towards the length of service on which the length of notice depends. This means that in some cases an employee may become entitled to a longer notice period while the notice is already running, if they reach the required length of service during that time.
All periods of employment with the given employer are added up regardless of breaks between contracts and their type. The notice period counts towards length of service, which may extend the notice while it is running
For example, an employee employed since 1 January 2022 who gives notice on 19 January 2026 will have more than 3 years of service. The notice period will therefore be 3 months, starting on 1 February 2026 and ending on 30 April 2026.
A particularly interesting situation arises when an employee gives notice shortly before reaching 3 years of service. If the employee was hired on 1 February 2023 and gives notice on 19 December 2025, then even though they do not yet have 3 years of service when the notice is given, the notice period will be 3 months. This is because the notice period counts towards length of service, and 3 years of employment will be reached on 31 January 2026.
Practical examples of calculating notice periods
Applying the rules for calculating notice periods in practice often raises doubts, especially in borderline cases or with complicated employment histories. The examples below illustrate the most common situations in HR practice.
Example of an open-ended contract
An employee with an open-ended contract and 1.5 years of service handed the employer a declaration terminating the contract with notice on 17 February 2026. Because of the length of service, the notice period will be 1 month. The notice will start on 1 March 2026, and the last day of the contract will be 31 March 2026.
Example of a probationary contract
On 16 January 2026, the employer terminated a probationary contract concluded for 1 month. Because of the length of the probationary period, the notice period is 1 week. The notice will start on the first Sunday after the day on which notice was given, that is on 18 January 2026. The last day of the contract will be Saturday, 24 January 2026.
Example of a complex employment history
An employee worked for a given employer from 1 February 2018 to 30 June 2019 and was then re-employed under an open-ended employment contract from 1 March 2024. To determine the period of employment, all periods of employment with that employer must be added up, which together amount to more than 3 years.
With a complex employment history, all periods of work with the given employer are added up, regardless of breaks between contracts. The total length of service determines the length of the notice period
If the employee is handed notice on 27 February 2026, the notice period will be 3 months because of the total length of service of more than 3 years. The notice will start on 1 March 2026, and the last day of the contract will be 31 May 2026.
The following steps should be taken when calculating the notice period:
- Determine the total period of employment with the given employer
- Set the appropriate length of the notice period
- Establish the date on which notice is given
- Calculate the date on which the notice starts to run
- Determine the end date of the notice period
- Check whether the notice period affects length of service
Strategic aspects of giving notice
The moment at which notice is given has a significant effect on when employment ends. The parties may plan the date of giving notice strategically, to optimise the end date of their working relationship according to their needs.
For notice periods of one or two weeks, it is best to give notice on a Friday. The notice will then start on the following Sunday and end on a Saturday after the relevant number of weeks. This lets the employment end at the weekend, which makes it easier to organise work.
For notice periods of one month or longer, it is best to give notice towards the end of the month. The notice will start on the first day of the following month and end on the last day of the relevant month. Such planning allows better organisation of time and avoids complications with settlements.
Strategic planning of the date of giving notice can significantly affect when employment ends. It is worth taking into account the specific way in which each notice period is counted
Pay particular attention to situations where the employee is close to reaching 3 years of service. Giving notice shortly before that date may extend the notice period from 1 month to 3 months, which may not be what the employee intends.
Employee rights during the notice period
When the employer terminates the employment contract with notice, the employee gains additional rights intended to help them find a new job. The most important of these is the right to time off to look for work, during which the employee keeps the right to pay. When we run a company's HR and payroll, we record such time off and settle the notice period in the working time records and payroll.
The amount of time off to look for work depends on the length of the notice period. With a two-week or one-month notice period, the employee is entitled to 2 working days off. With a three-month notice period, they are entitled to 3 working days off to look for work.
The employer may also release the employee from the obligation to work until the end of the notice period. In that case, the employee keeps the right to pay for the whole notice period, even though they do not work. The decision to release the employee from the obligation to work rests solely with the employer.
List of employee rights during the notice period:
- Right to time off to look for work, with pay
- Possibility of being released from the obligation to work by the employer
- Retaining all employee rights until the end of the notice period
- Right to receive an employment certificate (świadectwo pracy) on the last day of employment
- Possibility of negotiating the terms of ending the employment relationship
Termination without notice
Both the employer and the employee may, in certain situations, terminate an employment contract without observing a notice period. This is possible only in special cases set out in the Labour Code and requires specific conditions to be met.
Termination by the employer without notice
The employer may terminate an employment contract without notice if the employee has seriously breached their basic employee duties. This may apply where the employee commits gross failures in performing their duties that make further employment impossible.
A crime committed by the employee during the employment contract, which makes it impossible to continue employing them in their position, may also be grounds for termination without notice. The crime must be obvious or confirmed by a final court judgment.
Termination without notice by the employer is possible only in special cases set out in the Labour Code. It requires specific conditions to be met and may have serious consequences for the employee
Another ground for termination without notice is the employee's culpable loss of qualifications necessary to perform work in their position. This may apply where the employee loses a licence, certificate or other qualification essential for performing their tasks.
A contract may also be terminated without notice because of the employee's long-term incapacity for work due to illness. For an employee employed for less than 6 months, the ground for termination is incapacity lasting more than 3 months. For employees with longer service, this period is much longer and covers the time of receiving sick pay and sickness benefit and rehabilitation benefit for the first 3 months (Article 53 § 1 of the Labour Code).
Termination by the employee without notice
An employee may terminate an employment contract without notice if a medical certificate is issued stating that the work they perform is harmful to their health. The condition is that the employer does not transfer the employee, within the time limit stated in the medical certificate, to other work suitable for their health and professional qualifications.
The second ground for termination without notice by the employee is a serious breach by the employer of its basic obligations towards the employee. This may apply where the employer does not pay wages, breaches health and safety rules or commits other serious failures.
An employee working at a manufacturing plant received a medical certificate stating that the work he performed was harmful to his health. The employer did not transfer him to other work within the time limit stated in the certificate, even though there were positions at the plant suitable for his qualifications. The employee had the right to terminate the contract without notice.
Mutual agreement as an alternative
Terminating an employment contract by mutual agreement is an alternative to notice and allows the terms of ending the employment relationship to be set flexibly. Either party may propose such an agreement, and the law does not require any particular form, although written form is recommended.
A mutual agreement allows the parties to set any end date for the employment relationship, regardless of the rules on notice periods. The parties may also agree on additional terms for ending their working relationship, such as the amount of severance pay, how unused leave will be settled or how duties will be handed over.
The advantage of terminating a contract by mutual agreement is that it avoids the formal procedures related to notice and lets the terms of ending the employment relationship be adapted flexibly to the needs of both parties. This solution is particularly useful when the parties want to end their working relationship amicably and constructively.
A mutual agreement allows the terms of ending the employment relationship to be set flexibly without having to observe notice periods. Written form is recommended for such an agreement as evidence in the event of any disputes
Remember that terminating a contract by mutual agreement does not require stating the reasons for ending the employment relationship. The parties may freely negotiate the terms of parting, including any financial compensation or conditions for the employee moving to a competitor.
