The importance of the date on which the employer learned of the grounds for termination is crucial not only in the context of disciplinary termination but also in the case of termination of an employment contract with a notice period. In this article, we will discuss the latest labor law case law that pays particular attention to this issue.
Termination of an employment contract without notice
One of the most difficult and painful ways to end an employment relationship is through disciplinary termination. According to the Labor Code, termination of an employment contract without notice due to the employee's fault must occur no later than one month after the employer becomes aware of the circumstances justifying the termination.
The legislature grants the employer only one month to make a decision after being informed of the reason for termination. The rationale behind this provision is to provide the employer with time to make a decision and to guarantee the employee certainty regarding their employment situation.
This period is generally a one-time period, although there is an exception for situations where the reason for terminating the contract is continuous (e.g., unjustified absence from work for several days). In such cases, the period for terminating the contract is counted from the end of the employee's absence (Supreme Court judgment of 31 May 2017, II PK 134/16, LEX no. 2312475).
Termination of an employment contract with a notice period
Surprisingly, the timing of an employer's knowledge of the reasons for termination also plays a role in the termination of an employment contract with a notice period. According to recent Supreme Court case law, storing the reason for termination for too long can result in the employee's assessment becoming outdated.
The court pointed out that "storing the reason for a potential termination for too long negatively affects the employee's mental state, increases uncertainty and fear of employment, therefore, efforts should be made to minimize this period" (Supreme Court Judgment of November 26, 2024, III PSKP 28/24). The court emphasized that increasing stress and fear of job loss can have serious health consequences, which is protected under Article 11 1 of the Labor Code, i.e., the employer's obligation to respect the employee's dignity and other personal rights.
Additionally, case law repeatedly indicates that delaying notice of termination for an excessive period of time, based on events that occurred long ago, may violate employee rights. The Supreme Court found that the time limit after which a disciplinary penalty is expunged may also apply to situations in which an employer wishes to invoke an event that occurred a year earlier, which, in the case of termination of an employment contract, should occur within a much shorter period. (Judgment of 24 October 2017, I PK 290/16)
Therefore, since the employee's misconduct is subject to erasure in the event of impeccable performance of work, his misconduct that may result in submitting a declaration of termination of the employment contract cannot be valid indefinitely.
Summary
Both in the case of termination of an employment contract for disciplinary reasons and in the case of termination with a notice period, the time when the employer becomes aware of the reasons for termination of the contract plays a key role.
Therefore, in the case of both termination without notice and termination with notice, the employer should make a decision within a reasonable timeframe.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 10, 2025
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