The Legal Notice Period

The other thing to consider when notifying is your seniority. In general, the longer you are at work, the more you should quit. Think of it this way: the more expertise you have, the harder it is to replace you, so be considerate of your boss (especially if you know the hiring process is long) and consider quitting at least 2 weeks in advance. If you are an “employee”, there are statutory notice periods that are also treated as part of the contract. Even if you have a valid reason to terminate an employee`s employment contract, you must follow a fair and lawful dismissal procedure. This includes granting an employee a statutory notice period or severance pay to which they are entitled. An employer has the right to dismiss an employee for misconduct, but the dismissal should not be done without proof. An employer should refrain from firing someone locally, as this is most likely an act of anger and can lead to legal problems. As a rule, your employment contract provides for a longer notice period. If this is the case, you must inform your employer of this notice period. The amount you receive usually covers everything you would have earned during your notice period, including your base salary and other things like commission and compensation for loss of benefits, personal use of a company car, phone, or health insurance.

The amount of damages awarded in an unjustified dismissal action is generally the value of the employee`s salary and benefits received during the notice period that the employee would have received if the employment contract had been legally terminated. This is useful for your employer because an employee in this situation is still covered by contractual obligations, such as the duty of confidentiality, until the end of the notice period. They can also be brought back to work if necessary. However, if you commit a material breach of contract by not complying at all, the matter can be taken to court. In this case, you can still be legally bound by the contract or successfully sued by the injured party. Severance pay is technically different from severance pay, also known as severance pay. In certain circumstances, it may be due in addition to severance pay depending on the employee`s length of time worked for the company. Regardless of the content of your contract, your employer must give you at least the legal minimum notice period, which depends on how long you have worked for them: it is important that employers understand exactly what a two-week notice is, which is simply a courtesy that an employee gives when leaving a job. The employee formally dismisses by means of a letter of dismissal and offers to continue working for two weeks. Maintaining the employee`s job for these additional two weeks is generally welcomed by the employer as they use the time to prepare for termination and look for a replacement.

It can also be an opportunity to train other employees to fill the void. As a general rule, the courts provide for a longer notice period than the statutory notice period. The other element to consider in the notice periods is your seniority. In general, the longer you have a job, the more you should quit. Think of it this way: the more expertise you have, the harder it is to replace you, so be considerate of your boss (especially if you know the hiring process is long) and consider quitting at least 2 weeks in advance. Termination of the contract, on the other hand, is at the discretion of the employer – as long as the employee signs their contract. It is unlikely that the courts will require workers to respect their notice period. If the contracts you offer have long notice periods, you can deter new talent from joining you. In Poland, the same notice period applies regardless of which party (employer or employee) withdraws from the contract. Legal deadlines apply, unless both parties agree otherwise: Important Finding: To avoid problems, it is beneficial to have cancellation policies that require employees to give two weeks` notice. Employees must explain their resignation in a letter and submit to a resignation interview.