Can notice of termination of an employment contract be withdrawn, and when is the other party's consent needed?
Short answer
Notice of termination is a declaration of will. You can revoke it without the other party's consent only if the revocation reaches the addressee no later than together with the notice (Article 61 § 1 of the Civil Code (Kodeks cywilny, KC) in conjunction with Article 300 of the Labour Code (Kodeks pracy, KP)). Once the notice has reached the other party in such a way that they could read its content, withdrawal requires their consent. An employee does not have to agree to the employer withdrawing its notice, and an employer does not have to agree to the employee withdrawing theirs. After consent, the contract continues on the existing terms, without a break in employment. Until there is consent, the notice stands and the 21-day deadline for an appeal to the court runs.
In this guide: Withdrawing notice is effective without consent only until service (Article 61 § 1 KC). Later the other party must consent. Effects, form, 21-day deadline.
Who this applies to
Employees who have given notice and want to withdraw it, and employers who want to withdraw their own notice, for example when it turned out that the employee was on sick leave or pregnant. The same rules cover termination without notice. For a contract of mandate (umowa zlecenia) the rule is the same, only Article 61 of the Civil Code applies directly, without Article 300 of the Labour Code.
What to do
- Establish whether the notice has already been served. A declaration of will is made when it reaches the addressee in such a way that they could read its content (Article 61 § 1 of the Civil Code). What counts is the possibility of reading it, not actually reading it. An electronic declaration is made when it is entered into a means of communication in such a way that the addressee could read it (Article 61 § 2 of the Civil Code).
- If it has not yet arrived, revoke it immediately. The revocation is effective if it reached the addressee at the same time as the notice or earlier (Article 61 § 1, second sentence, of the Civil Code). This applies, for example, to a letter the addressee has not yet collected. Consent is then not needed.
- If it has already been served, ask for consent to withdraw it. The Labour Code contains no provision on withdrawing notice. It follows from Article 61 § 1 of the Civil Code that after service it cannot be revoked unilaterally. Withdrawal with consent is in essence an agreement: the parties jointly decide that the notice will have no effect and the contract continues.
- Keep it in writing. The provisions do not require any particular form, either for the withdrawal or for the consent. However, notice should be given in writing (Article 30 § 3 of the Labour Code), so it is worth recording the withdrawal and the consent as well. This is proof that the contract continues, needed when establishing length of service, leave and the content of the employment certificate.
- Record the effects. Confirm that the contract continues on the existing terms. Withdrawal is not an agreement to terminate the contract under Article 30 § 1(1) of the Labour Code and does not create a new contract, so there is no break in employment and no new probationary period.
- Watch the deadline for an appeal to the court. You file an appeal against the employer's notice within 21 days of service (Article 264 § 1 of the Labour Code). A request for consent to withdraw does not stop this deadline, because until you have given consent the notice is effective. If the talks drag on, file the appeal within the deadline; after consent to the withdrawal the dispute becomes moot and the claim can be withdrawn. You can calculate the deadline in the calculator.
What a letter withdrawing notice should contain
There is no official template for the letter. It should contain:
- the place and date,
- the parties: the employee (first name, surname, address) and the employer (name, registered office address),
- the employment contract (type, date of conclusion, position),
- the notice being withdrawn: the date of the letter and the date of service,
- a declaration withdrawing the notice, with the legal basis: Article 61 § 1 of the Civil Code in conjunction with Article 300 of the Labour Code,
- a request for consent and space for the other party's note "I consent to the withdrawal of the notice" with the date and signature,
- a statement that the contract continues on the existing terms,
- signatures of both parties, two copies.
If the withdrawal arrives together with the notice or earlier, the request for consent is unnecessary. A declaration of revocation with the date and proof of service is enough.
Exceptions and caveats
- Consent is voluntary. An employee may refuse to consent to the withdrawal of the employer's notice and instead pursue the claims under Article 45 of the Labour Code: a declaration that the notice is ineffective, reinstatement or compensation (Article 47(1) of the Labour Code). A refusal does not need to be justified. An employer may likewise refuse to consent to the withdrawal of the employee's notice; the contract will end on expiry of the notice period.
- Silence is not consent. The provisions do not say that a lack of reply means consent. Without a reply, the notice remains in force.
- Sick leave. An employer may not give notice during leave or another justified absence until the period entitling it to terminate without notice has expired (Article 41 of the Labour Code). If it gave notice and it then turned out that the employee was on sick leave that day, it may propose a withdrawal. The employee decides whether to agree or to appeal to the court. More: Dismissal during sick leave.
- Pregnancy. During pregnancy the employer may not give notice or terminate the employment relationship, except for reasons attributable to the employee with the consent of the trade union organisation (Article 177 § 1(2) of the Labour Code) and in the event of bankruptcy or liquidation (Article 177 § 4 of the Labour Code). When an employee presents a pregnancy certificate after receiving notice, the employer may propose a withdrawal. The employee may agree or appeal to the court; for people protected by Article 177 of the Labour Code, the court does not award compensation instead of reinstatement on the grounds that reinstatement is impractical (Article 45 § 3 of the Labour Code).
- Notice given in the heat of the moment. Regret after a decision is not a defect in a declaration of will. You can avoid the effects of a declaration only in the case of a lack of awareness or freedom (Article 82 of the Civil Code), mistake (Article 84 of the Civil Code) or an unlawful threat (Article 87 of the Civil Code), in writing, within a year (Article 88 of the Civil Code). This is a different route from withdrawal. In an ordinary situation, what remains is a request for the employer's consent. See Termination by mutual agreement: what to check.
- Shortening instead of withdrawal. If the parties do not want to continue the contract but want to change its end date, after notice has been given they may set an earlier termination date; the mode remains termination by notice (Article 36 § 6 of the Labour Code). They may also conclude an agreement to terminate the contract (Article 30 § 1(1) of the Labour Code): mutual agreement generator.
- Release from the duty to work granted in connection with the notice (Article 36(2) of the Labour Code) ends with its withdrawal; the employee returns to work.
- A dispute over the date of service can be discussed in free PIP advice.
Example
Assumptions: after an argument with their superior, an employee handed in written notice on Tuesday, which the manager acknowledged. On Wednesday they want to withdraw it.
The notice was served on Tuesday, so unilateral revocation is no longer possible. On Wednesday the employee submits a letter of withdrawal with a request for consent. If the employer signs the consent, the contract continues without a break. If it refuses or does not reply, the contract will end on expiry of the notice period, on a Saturday or on the last day of the month (Article 30 § 2(1) of the Labour Code). The provisions give the employee no claim to consent.
Variant: the same employee sent the notice by post on Tuesday, and on Wednesday morning sent an email revoking it, which the employer read before collecting the letter. The revocation arrived before the notice, so it is effective without consent (Article 61 § 1, second sentence, of the Civil Code).
Documents and deadlines
| What | Rule | Legal basis |
|---|---|---|
| Revoking notice without consent | only if it arrives no later than together with the notice | Article 61 § 1, second sentence, of the Civil Code, Article 300 of the Labour Code |
| Withdrawal after service | requires the other party's consent; any form, written recommended | Article 61 § 1 of the Civil Code, Article 30 § 3 of the Labour Code |
| Effect of consent | the contract continues on the existing terms, without a break in employment | conclusion from Article 61 § 1 of the Civil Code |
| Appeal against the employer's notice | 21 days from service; a request for withdrawal does not suspend the deadline | Article 264 § 1 of the Labour Code |
| Restoration of the deadline | application within 7 days of the cause of the delay ceasing | Article 265 of the Labour Code |
| Avoiding a declaration (mistake, threat) | in writing, within a year | Articles 84, 87, 88 of the Civil Code |
| Earlier termination date after notice | agreed by the parties, mode unchanged | Article 36 § 6 of the Labour Code |
Frequently asked questions
I filed an appeal with the court and the employer withdrew the notice. What next?
If you gave consent, the notice ceased to exist and the claim became moot; inform the court and withdraw the claim. If you did not give consent, the case continues and the court will assess the notice under Article 45 of the Labour Code.
Useful tools
Related guides
- Your employer wants you to sign a termination by mutual agreement. What should you check before signing?
- Can an employer dismiss an employee during sick leave (L4)?
- Your employer has not issued your employment certificate. What next?
- PIP, ZUS or labour court: who should you turn to with a problem at work?
- 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, 36, 36(2), 41, 45, 47(1), 177, 264, 265, 300)
- Kodeks cywilny, t.j. Dz.U. 2024 poz. 1061 (art. 61)
- Kodeks cywilny, tekst ujednolicony ISAP (art. 82, 84, 87, 88)
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).