How long is the notice period for an employment contract and on what day does the contract end?
Short answer
For a contract for an indefinite period and a fixed-term contract, the notice period depends on your length of service with the employer: 2 weeks if you have worked for less than 6 months, 1 month for at least 6 months and 3 months for at least 3 years (Article 36 § 1 of the Labour Code, Kodeks pracy). For a trial-period contract it is 3 working days, 1 week or 2 weeks, depending on the length of the trial period (Article 34 of the Labour Code). A period counted in weeks ends on a Saturday, and one counted in months on the last day of the month (Article 30 § 2(1) of the Labour Code). The same periods apply regardless of whether the employee or the employer gives notice.
In this guide: Notice periods under Art. 34 and 36 of the Labour Code, length of service, end on a Saturday or last day of the month, shortening, release from work, leave.
Who this applies to
Employees and employers who terminate an employment contract (umowa o pracę) by notice (Article 30 § 1(2) of the Labour Code). This guide does not concern contracts of mandate (umowa zlecenia), where there are no statutory notice periods (see How do you terminate a contract of mandate and what has to be settled?), or termination by mutual agreement, where the parties set the termination date themselves (see Your employer wants you to sign a termination by mutual agreement. What should you check before signing?).
What to do
- Establish the type of contract. For a contract for an indefinite period and a fixed-term contract, Article 36 § 1 of the Labour Code applies. For a trial-period contract, Article 34 of the Labour Code applies. A replacement contract (umowa na zastępstwo) is a fixed-term contract, so since 22 February 2016 it has had the same periods as an open-ended contract; the former 3-day notice for replacement contracts and the 2-week notice for fixed-term contracts have been repealed.
- Count your length of service with the employer. Article 36 § 1 of the Labour Code refers to the "period of employment with the given employer", not to the duration of the current contract. Earlier employment contracts with the same employer therefore also count, e.g. a completed trial period or a previous fixed-term contract. Employment with a previous employer is also included if the workplace or part of it was transferred to a new employer (Article 23(1) of the Labour Code) or the new employer is, under separate provisions, the legal successor in the employment relationships (Article 36 § 1(1) of the Labour Code).
- Read the period from the table in the section "Documents and deadlines". The provision does not say expressly on which day to count the length of service: the day the notice is handed over or the day the contract ends. If the 6-month or 3-year threshold passes during the notice period, it is safer to apply the longer period. Applying a shorter period than required does not shorten the contract anyway: it ends on expiry of the required period, and the employee is entitled to pay up to that day (Article 49 of the Labour Code).
- Establish the end date. A period covering a week, a month or a multiple of these ends respectively on a Saturday or on the last day of the month (Article 30 § 2(1) of the Labour Code). The period is therefore often longer than "two weeks" or "a month" counted by the calendar from the handing over of the letter. The day of service is not counted (Article 111 of the Civil Code, KC, in conjunction with Article 300 of the Labour Code). The Saturday and end-of-month rule does not apply to the 3 working days under Article 34(1) of the Labour Code.
- Enter the period and the date in the letter. The length of the period and the termination date are not conditions of validity of the notice, but without them a dispute is easy to come by. You can prepare the letter in the notice of termination generator, and check the end date in the notice period calculator.
- Check what happens during the notice period. The contract continues, so you work and receive pay as before. The employer may unilaterally release you from the obligation to perform work until the end of the notice period while keeping your right to pay (Article 36(2) of the Labour Code). It may also grant you annual leave during this time, and you are obliged to use it; the current year's leave may not then exceed the proportional entitlement under Article 155(1) of the Labour Code, while outstanding leave may be granted in full (Article 167(1) of the Labour Code). When the employer gives notice and the period is at least 2 weeks, you are entitled to days off to look for work: 2 working days for 2-week and 1-month notice, 3 working days for 3-month notice (Article 37 of the Labour Code). When the employee gives notice, there are no days off.
- If you want to finish earlier, agree a date. After notice has been given by either party, you may agree an earlier termination date. Such an arrangement does not change the mode: the contract is still terminated by notice, not by mutual agreement (Article 36 § 6 of the Labour Code). This matters for the entry in the employment certificate and for unemployment benefit.
Exceptions and caveats
- Shortening of the period by the employer. If the employer gives notice because of a declaration of bankruptcy or liquidation, or for other reasons not concerning the employees, it may unilaterally shorten the 3-month notice period, but to no less than 1 month. The employee is then entitled to compensation equal to pay for the remaining part of the notice period, and the time for which it was received counts towards the period of employment if the employee remains out of work (Article 36(1) § 1-2 of the Labour Code). The provision concerns only the 3-month period and only notice given by the employer.
- Financial liability. If the employee is financially liable for property entrusted to them, the parties may agree longer periods in the contract: 1 month instead of 2 weeks and 3 months instead of 1 month (Article 36 § 5 of the Labour Code).
- Trial period between 2 weeks and 3 months. Article 34 of the Labour Code provides for 1 week when the trial period is longer than 2 weeks, and 2 weeks when the trial period "is 3 months". For a trial period of, say, 2 months, 1 week therefore applies. A trial-period contract also ends by itself on expiry of that period, without notice (Article 30 § 2 of the Labour Code).
- Transfer of the workplace. Within 2 months of the transfer of the workplace to a new employer, the employee may terminate the employment relationship without notice, with 7 days' prior warning, with the effects of notice given by the employer (Article 23(1) § 4 of the Labour Code). The transfer itself may not be the reason for notice given by the employer (Article 23(1) § 6 of the Labour Code).
- Notice period and length of service. The contract ends only on expiry of the notice period (Article 32 § 2 of the Labour Code), so this time is employment and counts towards length of service, also when you are released from the obligation to work.
- Termination by mutual agreement. Neither the periods under Articles 34 and 36 of the Labour Code nor the Saturday or end-of-month rule apply. The parties may choose any day, even the day of signing.
Example
Assumptions: the employer hands over the notice on Wednesday 21 October 2026. The contract is for an indefinite period, and the length of service with this employer is made up of two consecutive contracts.
- Length of service 4 months (period of 2 weeks). Two full weeks counted from Thursday 22 October would expire on Wednesday 4 November. The period ends on the first Saturday after that day: the contract ends on Saturday 7 November 2026.
- Length of service 2 years (period of 1 month). A full month would expire on 21 November. The period ends on the last day of the month: the contract ends on 30 November 2026.
- Length of service 5 years (period of 3 months). The contract ends on 31 January 2027. If the employer is abolishing the position, it may shorten this period to 1 month (ending 30 November 2026) and pay compensation for December and January.
- Same date of handing over, 3-month trial-period contract (2 weeks). End on Saturday 7 November 2026. For a 1-month trial period (1 week), end on Saturday 31 October 2026.
If the letter had been handed over on Monday 2 November 2026, the one-month notice period would end only on 31 December 2026, because the full month expires on 2 December and the period must run to the end of the month. This is why the date of handing over matters a great deal in practice.
Documents and deadlines
| Contract | Length of service with the employer or length of trial period | Notice period | Legal basis |
|---|---|---|---|
| for an indefinite or fixed period | less than 6 months | 2 weeks | Article 36 § 1(1) of the Labour Code |
| for an indefinite or fixed period | at least 6 months | 1 month | Article 36 § 1(2) of the Labour Code |
| for an indefinite or fixed period | at least 3 years | 3 months | Article 36 § 1(3) of the Labour Code |
| trial period | trial period of up to 2 weeks | 3 working days | Article 34(1) of the Labour Code |
| trial period | trial period longer than 2 weeks | 1 week | Article 34(2) of the Labour Code |
| trial period | trial period of 3 months | 2 weeks | Article 34(3) of the Labour Code |
| Rule | Content | Legal basis |
|---|---|---|
| End of a period in weeks | Saturday | Article 30 § 2(1) of the Labour Code |
| End of a period in months | last day of the month | Article 30 § 2(1) of the Labour Code |
| Shortening of 3 months by the employer | to 1 month, with compensation | Article 36(1) of the Labour Code |
| Earlier date after notice | with the consent of both parties, mode unchanged | Article 36 § 6 of the Labour Code |
| Release from the obligation to work | employer's decision, with pay | Article 36(2) of the Labour Code |
| Leave during the notice period | the employee is obliged to use leave granted | Article 167(1) of the Labour Code |
| Days off to look for work | 2 or 3 working days, only when the employer gives notice | Article 37 of the Labour Code |
| Period in the letter too short | the contract continues until the end of the required period | Article 49 of the Labour Code |
For leave not used by the termination date, payment in lieu is due; see Payment in lieu of unused leave: when you are entitled to it, how to calculate it and when it must be paid. On the termination date the employer issues the employment certificate (świadectwo pracy); see Your employer has not issued your employment certificate. What next?.
Frequently asked questions
Is the notice period the same when I am the one giving notice?
Yes. Article 36 § 1 and Article 34 of the Labour Code do not distinguish who gives notice. The differences concern the extras: days off to look for work (Article 37 of the Labour Code) and the possibility of shortening the 3-month period (Article 36(1) of the Labour Code) are linked only to notice given by the employer. See How do you give notice on an employment contract as an employee and what happens next?.
Can I leave sooner than at the end of the notice period?
Yes, if the employer agrees. After notice has been given, you may agree an earlier date (Article 36 § 6 of the Labour Code) or, instead of notice, conclude a termination by mutual agreement with any date. Without the employer's consent, the contract continues until the end of the notice period.
What if the employer entered too short a period in the notice?
The notice is effective, but the contract ends only on expiry of the period required by the Code. You are entitled to pay up to that day (Article 49 of the Labour Code). If the employer does not accept this date, see the guide The employer gives notice of termination. What must the letter contain and what can the employee do?.
Useful tools
Related guides
- How do you give notice on an employment contract as an employee and what happens next?
- The employer gives notice of termination. What must the letter contain and what can the employee do?
- Your employer wants you to sign a termination by mutual agreement. What should you check before signing?
- Payment in lieu of unused leave: when you are entitled to it, how to calculate it and when it must be paid
- Your employer has not issued your employment certificate. What next?
Sources (documents in Polish)
- Kodeks pracy, t.j. Dz.U. 2026 poz. 1245 (art. 23(1), 30, 32, 34, 36, 36(1), 36(2), 37, 49, 167(1), 300)
- Kodeks cywilny, t.j. Dz.U. 2024 poz. 1061 (art. 110-112)
- Ustawa z 25.06.2015 o zmianie ustawy Kodeks pracy, Dz.U. 2015 poz. 1220 (art. 1 pkt 4-6, art. 14, 16)
- Ustawa z 9.03.2023 o zmianie ustawy Kodeks pracy, Dz.U. 2023 poz. 641
Sources checked on 16 October 2026. Law as at 16 October 2026.
Change history
- 16 October 2026: First publication.
This guide is for information only. The current legal provisions and the information of the National Labour Inspectorate apply. An independent information website. We are not the National Labour Inspectorate (Państwowa Inspekcja Pracy).