The employer gives notice of termination. What must the letter contain and what can the employee do?

Who this applies to

Employers who are planning to give notice on an employment contract (Article 30 § 1(2) of the Labour Code), and employees who have received one. Termination without notice (Articles 52 and 53 of the Labour Code) is described in the guide Can an employer dismiss an employee during sick leave (L4)?, and mutual agreement in the guide Your employer wants you to sign a termination by mutual agreement. What should you check before signing?.

What to do

Employer: what the notice must contain

1. Check that the employee is not protected. You may not give notice to an employee who is no more than 4 years away from retirement age, if their period of employment will allow them to obtain a pension (Article 39 of the Labour Code; exception after obtaining a disability pension for total incapacity for work, Article 40 of the Labour Code). You may not give notice during leave or another justified absence, e.g. sick leave, until the period under Article 53 of the Labour Code has passed (Article 41 of the Labour Code). During pregnancy and maternity leave, and also from the day an application for maternity, paternity or parental leave is submitted until the end of that leave, you may not even make preparations for giving notice; notice is permitted only in the event of the employer's bankruptcy or liquidation (Article 177 § 1 and 4 of the Labour Code). In the event of bankruptcy or liquidation, Articles 38, 39 and 41 of the Labour Code and the special protection provisions do not apply (Article 41(1) § 1 of the Labour Code).
2. Consult the trade union about your intention. If the employee is represented by a company trade union organisation, notify it in paper or electronic form of your intention to give notice on a contract for an indefinite period or a fixed term and state the reason (Article 38 § 1 of the Labour Code). The organisation has 5 days to raise reasoned objections (Article 38 § 2 of the Labour Code); then you make the decision (Article 38 § 5 of the Labour Code). There is no consultation for a trial-period contract.
3. Write the reason. In a notice on a fixed-term contract (since 26 April 2023) and a contract for an indefinite period, state the reason justifying the notice (Article 30 § 4 of the Labour Code). It must be specific and true, because that is what the court will examine. For a trial-period contract you do not state a reason.
4. Add the appeal information. The letter must contain information about the right to appeal to the labour court (Article 30 § 5 of the Labour Code), e.g.: "Od niniejszego wypowiedzenia przysługuje Pani/Panu prawo wniesienia odwołania do Sądu Rejonowego - Sądu Pracy w ... w ciągu 21 dni od dnia doręczenia" (You have the right to appeal against this notice to the District Court - Labour Court in ... within 21 days of service). This applies to every contract, including a trial-period one.
5. State the notice period and the termination date. The period depends on length of service with you: 2 weeks, 1 month or 3 months (Article 36 § 1 of the Labour Code), for a trial period 3 working days, 1 week or 2 weeks (Article 34 of the Labour Code). A period in weeks ends on a Saturday, in months on the last day of the month (Article 30 § 2(1) of the Labour Code). If you enter too short a period, the contract still continues until the end of the required period, and the employee is entitled to pay up to that day (Article 49 of the Labour Code). Details: How long is the notice period for an employment contract and on what day does the contract end?; you can calculate the date in the calculator.
6. Serve the letter in writing and obtain confirmation (Article 30 § 3 of the Labour Code). The notice is submitted when it reached the employee in such a way that they could read its content (Article 61 § 1 of the Civil Code, KC, in conjunction with Article 300 of the Labour Code). The date of service opens the 21-day period for appeal, so ask for a dated signature on the copy.
7. Settle the notice period. You may release the employee from the obligation to perform work while keeping their pay (Article 36(2) of the Labour Code) and grant them leave, which they are obliged to use (Article 167(1) of the Labour Code). The employee is entitled to 2 working days to look for work, and 3 days for 3-month notice (Article 37 of the Labour Code). For reasons not concerning the employees, you may shorten the 3-month period to no less than 1 month, with compensation for the remaining part (Article 36(1) of the Labour Code). On the termination date, issue the employment certificate (świadectwo pracy); see Your employer has not issued your employment certificate. What next?.

Employee: what you can do after receiving notice

1. Acknowledge receipt. Your dated signature confirms service, not consent. Refusing to accept the letter does not help: what counts is the moment you could read its content (Article 61 § 1 KC).
2. Check the letter. Is there a reason (for a fixed-term contract and a contract for an indefinite period), the appeal information, the correct notice period and the date? Are you protected by Article 39, 41 or 177 of the Labour Code? Did the employer consult the trade union about its intention, if it represents you?
3. Count 21 days. You file an appeal against the notice with the labour court within 21 days of service of the letter (Article 264 § 1 of the Labour Code). If you miss the deadline through no fault of your own, you may, within 7 days of the cause ceasing, apply for it to be restored, substantiating the circumstances (Article 265 of the Labour Code).
4. Choose your claim. The court, according to your claim, rules that the notice is ineffective or, if the contract has already ended, orders reinstatement or compensation (Article 45 § 1 of the Labour Code). It may award compensation instead of reinstatement if it finds reinstatement impossible or pointless; this does not apply to employees protected under Articles 39 and 177 of the Labour Code, unless reinstatement is impossible because of bankruptcy or liquidation (Article 45 § 2-3 of the Labour Code). Compensation equals pay for a period of 2 weeks to 3 months, and not less than for the notice period (Article 47(1) of the Labour Code). After reinstatement, you are entitled to pay for the time out of work: no more than 2 months, for 3-month notice no more than 1 month, and for employees protected under Article 39 of the Labour Code and those who are pregnant or on maternity leave, for the whole time (Article 47 of the Labour Code). Report your readiness to work within 7 days of reinstatement (Article 48 § 1 of the Labour Code).
5. Check severance pay. If the employer employs at least 20 employees and reasons not concerning the employee are the sole reason for the notice, severance pay is due: 1 month's pay for employment with that employer of less than 2 years, 2 months' pay for 2 to 8 years, 3 months' pay for more than 8 years (Article 10(1) in conjunction with Article 8(1) of the Act on collective redundancies), up to a maximum of 15 times the minimum wage (Article 8(4)), in 2026 PLN 72,090.
6. Collect the employment certificate with the entry that the employer gave notice. This matters for unemployment benefit: the exclusion under Article 219(1) of the Act on the labour market concerns notice given by the employee, not by the employer.

Exceptions and caveats

• Trial-period contract. The employer does not state a reason and does not consult the trade union, but it must give the appeal information. For notice given in breach of the provisions, the employee is entitled only to compensation equal to pay for the time until the contract was to end (Article 50 § 1 of the Labour Code).
• Fixed-term contract whose term has passed before the judgment, or where only a short period remains: the court awards only compensation for the time until the end of the contract, no more than for 3 months (Article 45 § 2, Article 47(1) of the Labour Code).
• Oral notice, notice by e-mail or without a reason. The Code does not reserve the written form on pain of nullity, so such notice is effective but defective. The employee has claims under Article 45 of the Labour Code, and the 21 days run from the moment they could read the content. A flagrant breach of the provisions on giving notice is an offence punishable by a fine of PLN 2,000 to PLN 60,000 (Article 281 § 1(3) of the Labour Code); the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) may examine the case after a complaint, but claims are decided by the labour court.
• Notice changing the terms of employment (Article 42 of the Labour Code) is described in the guide Your boss wants to cut your pay and replace it with a bonus. Do you have to agree?.
• Withdrawing the notice. After service, the employer may withdraw the notice only with the employee's consent; see withdrawing a notice of termination.
• Disciplinary dismissal is a different mode. Termination without notice through the employee's fault requires a reason under Article 52 § 1 of the Labour Code and is possible only within 1 month of the employer learning of the circumstance (Article 52 § 2 of the Labour Code).

When to see a lawyer

Assessing whether the reason is "justified" and which claim to choose depends on the facts of the case and case law. Get advice quickly, because the 21 days run from service. You can ask free of charge at the PIP advice service; the guide PIP, ZUS or labour court: who should you turn to with a problem at work? explains where to take your case.

Example

Assumptions: an employee has 4 years of service with an employer employing 45 people, on a contract for an indefinite period. On Wednesday 21 October 2026 he receives notice with the reason "abolition of the position" and the appeal information. The employer shortens the 3-month period to 1 month.

The contract ends on 30 November 2026. For December and January the employee receives compensation (Article 36(1) § 1 of the Labour Code), and this time counts towards his period of employment if he remains out of work. He is entitled to severance pay equal to 2 months' pay (2 to 8 years of service, Article 8(1)(2) of the Act on collective redundancies) and 3 working days to look for work (Article 37 § 2 of the Labour Code). If he believes the position was not abolished, because his duties were taken over by a newly hired employee, he may, by 11 November 2026 (21 days from service), file an appeal with the labour court and claim reinstatement or compensation.

Documents and deadlines

Keep the notice with the date of service, the employment contract and documents confirming protection.

Frequently asked questions

Can the employer give notice on a fixed-term contract without stating a reason?

No. Since 26 April 2023, notice on a fixed-term contract requires a reason (Article 30 § 4 of the Labour Code), and the employee may also claim reinstatement (Article 45 of the Labour Code). Only notice on a trial-period contract does without a reason.

What if the letter contains no appeal information?

The notice is then defective (Article 30 § 5 of the Labour Code), but the Code does not provide for its nullity. If you are late with your appeal through no fault of your own, apply for the deadline to be restored within 7 days of the cause ceasing (Article 265 of the Labour Code). It is safer to count 21 days from service.

Useful tools

• Notice period calculator

Related guides

• How long is the notice period for an employment contract and on what day does the contract end?
• Can an employer dismiss an employee during sick leave (L4)?
• Your employer wants you to sign a termination by mutual agreement. What should you check before signing?
• Your employer has not issued your employment certificate. What next?
• How do you get free legal advice from the PIP?

Sources (documents in Polish)

• Kodeks pracy, t.j. Dz.U. 2026 poz. 1245 (art. 30, 34, 36, 36(1), 36(2), 37, 38, 39, 40, 41, 41(1), 42, 45, 47, 47(1), 48, 49, 50, 52, 53, 167(1), 177, 264, 265, 281, 300)
• Ustawa z 9.03.2023 o zmianie ustawy Kodeks pracy, Dz.U. 2023 poz. 641 (art. 1 pkt 10-12, 15)
• Kodeks cywilny, t.j. Dz.U. 2024 poz. 1061 (art. 61)
• Ustawa o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn niedotyczących pracowników, t.j. Dz.U. 2026 poz. 1195 (art. 1, 8, 10)
• Rozporządzenie RM w sprawie minimalnego wynagrodzenia na 2026 r., Dz.U. 2025 poz. 1242
• Ustawa z 20.03.2025 o rynku pracy i służbach zatrudnienia, Dz.U. 2025 poz. 620 (art. 219-220)

Sources checked on 16 October 2026. Law as at 16 October 2026.

Change history

• 16 October 2026: First publication.