Trust between employer and employee is a key element of effective cooperation. Although labor law does not explicitly address the obligation of trust, its absence can lead to numerous difficulties in practice – both organizational and communication-related. The employer may then be forced to constantly monitor the performance of duties, and the employee may suspect the employer of malicious intent. This situation negatively impacts the working atmosphere and the efficiency of the entire organization.
An employment contract can be terminated by notice at the initiative of both the employer and the employee. In the case of termination by the employer, the reason for termination must be stated. This reason must be real, specific, and understandable to the employee – otherwise, it may be deemed fictitious, opening the door to legal challenge.
The Supreme Court recognizes that loss of trust can constitute a justified reason for termination, but it cannot be formulated in a general manner. The employer must indicate the specific factual circumstances that led to the loss of trust. Referring to subjective feelings is not sufficient – rational and objective grounds, which can be assessed by a court, are essential.
If the employer fails to demonstrate specific reasons for the loss of trust in the termination notice, the employee has the right to challenge the validity of such termination. It is therefore important to remember that loss of trust is not an absolute basis and does not exempt the employee from the obligation to provide a precise justification.
Furthermore, a lack of trust cannot be grounds for disciplinary termination, meaning without notice, as it is not among the grounds justifying immediate dismissal. Loss of trust may result from misconduct, which does not always constitute a serious breach of basic employee duties.
Supreme Court case law confirms the admissibility of invoking loss of trust as a reason for termination. For example:
– Supreme Court judgment of October 20, 1998 (I PKN 387/98) – an employee is liable for damages resulting from negligence, for example, due to a lack of supervision of entrusted property.
– Supreme Court judgment of July 14, 1999 (I PKN 148/99) – the chief accountant committed gross financial misconduct, which, given his position, justified the loss of trust.
– Supreme Court judgment of 12 July 2001 (I PKN 539/00) – lack of cooperation with superiors and a negative attitude towards organizational changes resulted in undermining the guarantee of proper performance of duties.
In summary, loss of trust may be a valid reason for termination of an employment contract, provided it is properly and thoroughly justified. Employers should ensure that the notice of termination is carefully prepared, taking into account specific and verifiable circumstances.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of July 24, 2025.
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