Terminating an employment contract (umowa o pracę) before the employment period begins is one of the more complicated situations in Polish labour law, and it can raise many doubts for both employers and employees. In today's fast-moving labour market, with high job mobility, the parties to an employment contract increasingly want to withdraw from it before the work actually starts. There can be many reasons: the employee receives a better job offer, the employer finds a more suitable candidate, or the company's economic situation changes.
The key distinction here is between the moment the employment contract is concluded and the day the employee actually starts performing their duties. The parties may set any start date in the contract, and it may fall later than the date the document is signed. This is especially common when a new employee has to work out a notice period with their current employer or when the employer needs time to prepare the position.
The moment the employment contract is concluded is not the same as the moment work begins. The parties may set any date in the contract from which the employee will actually start performing their duties. The period between signing the contract and starting work is not a period of employment within the meaning of labour law
Legal basis for terminating an employment contract
The rules on terminating an employment contract are set out in the Labour Code (Kodeks pracy), which in Article 30 § 1 lists the ways an employment relationship ends: mutual agreement of the parties, notice of termination, termination without notice, and expiry of the period for which the contract was concluded. Before work starts, the first three are relevant in practice. Each of these methods has its own features and applies in different legal and factual situations. The route where the employee takes the initiative is covered in our guide to resignation by the employee and the employment certificate.
The first method is mutual agreement of the parties, which is the most flexible way of ending a contract. The second is notice of termination, a unilateral declaration of will by one of the parties. The third is termination without notice, which may only happen in special circumstances defined by statute.
Under Article 30 § 1 of the Labour Code, an employment contract ends by mutual agreement of the parties, by notice, by termination without notice or on expiry of the period for which it was concluded. Each of these methods has different legal consequences and requires different conditions to be met
Article 26 of the Labour Code, which governs the date on which the employment relationship begins, is also important. This provision does not make the creation of the employment relationship dependent on the employee actually starting their duties, which is crucial for the possibility of terminating the contract before employment begins.
Termination by mutual agreement
Terminating an employment contract by mutual agreement is the most favourable option for both parties, especially when one of them wants to withdraw from the contract before employment actually begins. This form of termination is the most flexible and helps avoid many of the legal problems associated with notice.
The main advantage of an agreement is its neutral character - the document does not state which party initiated the termination. As a result, neither party bears the negative consequences of unilaterally breaking the contract. In addition, the parties are not bound by the statutory notice periods and may set the termination date themselves.
Termination by mutual agreement is neutral and does not state which party initiated it. The parties may set the termination date themselves, without being bound by the statutory notice periods
If the agreement does not set a termination date, it is assumed that the contract ends on the day the document is signed. This is particularly convenient when the parties want to end, as quickly as possible, a legal relationship that has not yet actually started.
The procedure for concluding an agreement is relatively simple and only requires:
- Both parties agreeing to terminate the contract
- Preparing a written document confirming the agreement (recommended for evidence purposes — Article 30 § 3 of the Labour Code requires written form for notice and for termination without notice)
- Setting the termination date (optional)
- Settling any mutual claims of the parties
- Both parties signing the document
Giving notice before employment starts
Giving notice of termination before employment actually begins is possible, although it involves some legal complications, mainly concerning how the notice period is calculated. In its judgment of 29 October 2007 (case no. II PK 56/07), the Supreme Court (Sąd Najwyższy) clearly stated that there is no statutory basis for prohibiting the termination of an employment contract before the employment period begins.
A notice of termination is a unilateral declaration of will made by one party to the employment relationship to the other. It ends the contract, but only after the period set in the contract or, if there is no such provision, in the Labour Code.
In its judgment of 29 October 2007, the Supreme Court stated that either party may terminate an employment contract before employment begins on the general terms set out in the Labour Code. The possibility of termination does not depend on the employment relationship having begun between the parties
The key question when giving notice before employment begins is the correct notice period. According to the Supreme Court's case law, the notice period for a notice given before the employment relationship begins is the period set out in Article 36 § 1 point 1 of the Labour Code, i.e. 2 weeks - the period for an employee employed for less than 6 months, unless the employee previously had an employment relationship with the same employer or the parties extended the statutory notice period in the contract. For a probationary contract, the length of notice depends on the length of the probationary period: 3 working days, 1 week or 2 weeks (Article 34 of the Labour Code).
Calculating the notice period
The standard notice periods under the Labour Code are:
| Length of employment | Notice period | Legal basis |
|---|---|---|
| Less than 6 months | 2 weeks | Article 36 § 1 point 1 of the Labour Code |
| At least 6 months | 1 month | Article 36 § 1 point 2 of the Labour Code |
| At least 3 years | 3 months | Article 36 § 1 point 3 of the Labour Code |
When notice is given before employment begins, a two-week notice period applies, unless the employee previously had an employment relationship with the same employer. In that case the periods of employment must be added together, which may result in a longer notice period. From 2026, the period of employment with a given employer also includes periods of contracts of mandate (umowa zlecenia) and sole proprietorship (JDG) during which the employee performed work for that employer (Article 302¹ § 8 of the Labour Code — from 1 January 2026 in the public sector, from 1 May 2026 for other employers).
When notice is given before employment begins, a two-week notice period applies as a rule (for a probationary contract — the period under Article 34 of the Labour Code). If the employee was previously employed by the same employer, the periods of employment must be added together to determine the correct notice period
Special situations when giving notice
A problem may arise when the notice period ends after the day on which the employee was due to start work. The employment relationship begins on the day specified in the contract as the start date (Article 26 of the Labour Code), and the contract ends only when the notice period expires (Article 32 § 2 of the Labour Code). Therefore, in such a case the employee should report for work and work for the remaining part of the notice period. Remember also that a notice period counted in weeks ends on a Saturday, and one counted in months ends on the last day of the month (Article 30 § 2¹ of the Labour Code).
If the employee does not report for work on the agreed date, the employer may have grounds to terminate the contract without notice through the employee's fault because of unjustified absence from work. On the other hand, if the employer releases the employee from the duty to work for the duration of the notice period, the employee keeps the right to remuneration for that period. We issue employment certificates and settle pay for the notice period for employers who use our HR and payroll services.
Practical example: An employee signed an employment contract for an indefinite period on 15 January 2026 with a start date of 2 February 2026 (a Monday). On Tuesday 20 January 2026 they gave notice with a two-week notice period. The notice period ends on Saturday 7 February 2026 (Article 30 § 2¹ of the Labour Code), i.e. after the start date. The employee should report for work on 2 February and work until the end of the notice period (with a Monday-to-Friday schedule — until 6 February) to meet their obligations arising from the notice.
Differences between the employer's and the employee's position
The Labour Code imposes different obligations on the employer and the employee when giving notice, which reflects the legislator's principle of protecting the economically weaker party, i.e. the employee.
Employer's obligations when giving notice:
- Stating the reason for the notice — for contracts for an indefinite period and for a fixed term (Article 30 § 4 of the Labour Code); for a probationary contract no reason is given
- Giving notice in writing
- Informing the employee of the right to appeal to the labour court
- Notifying the company trade union representing the employee — for contracts for an indefinite period and for a fixed term (Article 38 of the Labour Code)
- Observing the notice periods
Employee's obligations when giving notice:
- Giving notice in writing
- Observing the notice periods
- No obligation to give reasons for the notice
An employer giving notice of termination of a contract for an indefinite period or a fixed term must state the reason for the notice and, in every notice, inform the employee of the right to appeal to the labour court (Article 30 § 4–5 of the Labour Code). The employee, by contrast, does not have to give reasons for the notice
Termination without notice
Terminating an employment contract without notice before employment actually begins is possible in theory, but it requires special circumstances defined in the Labour Code. This method of termination is exceptional and may only be used where the reasons expressly listed in the statute occur.
Reasons for termination without notice by the employer:
- A serious breach by the employee of basic employee obligations
- The employee committing, while the contract is in force, an offence that prevents further employment in their position, if the offence is obvious or confirmed by a final judgment
- Loss, through the employee's fault, of the qualifications needed to perform the work (Article 52 § 1 of the Labour Code)
Reasons for termination without notice by the employee:
- A serious breach by the employer of basic obligations towards the employee (Article 55 § 1¹ of the Labour Code)
- A medical certificate confirming that the work harms the employee's health, where the employer does not transfer the employee to other work (Article 55 § 1 of the Labour Code)
- Non-payment of wages — as an example of a serious breach of the employer's obligations
Termination without notice requires special circumstances defined in the Labour Code. It ends the employment relationship immediately and must be made in writing, stating the reason
In practice, termination without notice before employment begins may happen, for example, where the employee commits an offence before starting work that prevents further employment, or where the employer seriously breaches its obligations even before work begins.
Supreme Court case law
The Supreme Court judgment of 29 October 2007 (case no. II PK 56/07) is key to interpreting the possibility of terminating an employment contract before employment begins. In this ruling the Court clearly stated that there is no statutory basis for prohibiting the termination of an employment contract before the employment period begins.
The Supreme Court pointed out that where the parties set a start date in the employment contract later than the date the contract was concluded, the time between concluding the contract and the start of the employment relationship is not a period of employment. As a result, the employee does not have the rights arising from the employment relationship during that time.
From the reasoning of the Supreme Court judgment: "If, therefore, the parties indicated in the employment contract a start date later than the date the contract was concluded, the period between the conclusion of the contract and the establishment of the employment relationship is not treated as a period of employment, and the employee does not have the rights arising from the employment relationship during that period. However, in the period between the conclusion of the employment contract and the date specified in it as the date the employment relationship is established, the contract may be terminated on the general terms provided for in the Labour Code."
This ruling is of fundamental importance for the application of labour law in practice and clearly confirms that both the employer and the employee have the right to terminate an employment contract before employment actually begins, on the general terms set out in the Labour Code.
The Supreme Court judgment of 29 October 2007 confirmed that there is no statutory basis for prohibiting the termination of an employment contract before employment begins. The time between concluding the contract and starting work is not a period of employment
Practical aspects of termination
In business practice, terminating an employment contract before employment begins requires you to take into account a number of legal and organisational aspects. First of all, you need to assess the legal situation properly and choose the most suitable method of termination.
Factors affecting the choice of termination method:
- The other party's attitude to the termination
- How urgently the legal relationship needs to end
- The wish to avoid negative consequences
- Costs related to the termination
- The impact on future relations between the parties
As a rule, the most favourable solution is to reach an agreement between the parties, which helps avoid disputes and negative consequences for both sides. If, however, the other party does not agree to terminate by mutual agreement, you can still exercise the right to give notice.
The choice of termination method before employment begins should take into account the other party's attitude, the urgency of the situation and the wish to avoid negative consequences. Mutual agreement remains the most favourable option for both parties
Consequences for the parties
Terminating an employment contract before employment begins may have different consequences for the parties, depending on the chosen method and the circumstances of the case.
Consequences for the employee:
- No right to remuneration for work not performed
- Freedom to look for new employment without restrictions
- No effect on future references (with a mutual agreement)
- Possible claims for damages by the employer (in exceptional cases)
Consequences for the employer:
- The need to look for an employee again
- Possible delays in staffing plans
- Costs of a new recruitment process
- Possible claims for damages (in exceptional cases)
As a rule, terminating a contract before employment begins does not cause significant financial consequences for either party, especially when it is done by mutual agreement or by notice with the proper periods observed.
