In previous articles in this series, we've already familiarized you with the options for terminating an employment contract. It's worth moving on to the most important issue: how an employee can defend themselves against a termination notice. It's also worth noting that, as a rule, there's no way to assert a claim for revocation of a termination notice. Such a claim will be fully effective. Therefore, the employee's only recourse is to subsequently challenge the termination in court.
How do I challenge a dismissal?
We can challenge an employer's termination notice by filing an appeal with a labor court. This appeal should include justification indicating that the termination was unjustified or violates the regulations on termination of employment contracts. A thorough analysis of the reason for the termination is very helpful for this purpose, as it is this reason that should be challenged in court.
Deadline for appeal
Generally, the deadline for filing an appeal is 21 days from the date the employee receives the notice of termination. The employer should include instructions regarding this deadline in the notice of termination. Case law indicates that failure to provide such instructions may result in a finding that missing the deadline for filing an appeal is justified (for example, see the Supreme Court judgment of 23 November 2000, file reference I PKN 117/00).
Employee's claims in connection with the dismissal
An employee whose employment contract has been terminated has the following claims at his/her disposal:
a. claims related to returning to work:
i. if the contract has not yet terminated – for a ruling that the notice of termination is ineffective;
ii. if the contract has already terminated – for reinstating the employee on the previous terms and conditions;
b. If the employee does not want to return to work, he or she may file a claim for compensation.
The claim chosen by the employee may be modified by the court if it finds that it is impossible or inappropriate in a specific case (for example, if the appealing employee is employed under a fixed-term contract and the period for which the contract was to last has already expired).
Reinstatement to work is connected with the fact that the employee is entitled to remuneration for the period of unemployment (but not more than 2 months, unless the employee's notice period was 3 months - in which case the remuneration is due for 1 month).
Compensation itself is payable for a period of two weeks to three months. However, the court cannot award compensation lower than the remuneration for the notice period. In the case of a fixed-term contract, it is assumed that compensation should be equal to the remuneration for the period until which the contract was to expire.
Termination of employment contract without notice
As a general rule, all of the above considerations remain valid in the event of termination of the contract without notice. The following are certainly notable exceptions:
- the right to appeal in the event of a breach of the provisions on the termination of employment contracts in this procedure;
- the claims that an employee may make are:
a. reinstatement to work (which is connected with the entitlement to remuneration in the amount of remuneration for the period of unemployment in the amount of 1 to 3 months);
b. compensation (remuneration for the notice period, and in the case of fixed-term contracts – remuneration for the notice period, unless the contract was to end earlier – in which case we reduce the amount of compensation accordingly to the duration of the contract);
c. an employee employed under a fixed-term employment contract, after the expiry of the period for which the contract was concluded and an employee whose contract was terminated during the notice period, is entitled to a claim only for compensation.
The employee undoubtedly has the right to appeal against an unjustified termination of the employment contract to the court, but it is necessary to remember about the 21-day deadline and the circumstances justifying the claim.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 18, 2024.
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