In certain circumstances, a declaration of termination of an employment contract without notice may be sent to the employee by traditional mail (due to the employee's absence from work, e.g. due to vacation or illness).
In practice, however, this may raise questions. For example, what if the employee doesn't collect the letter? Can the contract then be considered terminated? If so, what termination date should be assumed and entered in the employment certificate?
Presumption of service
In this case, the provisions of the Civil Code regarding declarations of intent will apply. Pursuant to Article 61 § 1 of the Civil Code, a declaration of intent to be made to another person is considered made when it reaches that person in a way that allows them to become familiar with its content. This results in a presumption that an employer's declaration of intent to terminate an employee's employment contract takes legal effect at the time the employee could actually become familiar with its content. Therefore, as a rule, even if the employee fails to collect the termination notice, for example, by refusing to accept the letter or, despite leaving a notice, failing to report to the office to collect the letter, the declaration will be effective, and the employment contract will be terminated.
Contract termination date
While in the case of a refusal to accept a letter, there is no doubt that the employee could have read its content on the day they refused it, and that day should be considered the date of termination of the contract, determining the date of termination of the employment relationship if the delivery was accompanied by a notice of intent presents more difficulties. However, Supreme Court case law provides assistance in this case. According to the current view, delivery of a letter containing a declaration of intent is deemed to have been delivered no later than the day following the notice of intent. In typical cases, the notice of intent provides the addressee with a real opportunity to become familiar with the declaration of intent (Supreme Court judgment of August 8, 2023, I PSKP 21/22, LEX no. 3592112).
Example
The employer decided to terminate the employee's employment contract without notice due to a serious breach of employment duties. However, the employee was on long-term sick leave. Termination of the contract in this manner (without notice) is possible even despite the employee's justified absence, so the employer sent the termination notice by post. On September 10th, the first notification was sent, and on September 17th, a second notification was sent. The employee did not collect the package from the post office, and it was returned to the sender. The employer may accept September 11th as the contract termination date and record it in the employment certificate.
Summary
Even if the employee fails to receive the letter terminating the employment contract, the contract will still be terminated. The employer may use the day following the first notice by post as the termination date.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of October 17, 2025.
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