Publication date: 05.08.2024
Understanding of Polish labor law
Before considering the process of protecting your rights upon dismissal, it is important to have a basic understanding of Polish labor law. This will help you better navigate the situation and know your rights. Consulting a lawyer can be very useful to get a complete picture of the legal framework.
Key aspects of Polish labor law:
- Types of employment contracts
- Conditions of termination of employment
- Rights of employees upon dismissal
- Responsibilities of the employer upon dismissal
- Terms of notice of dismissal
A legal analysis of the situation will help you understand whether your dismissal was legal and what steps you can take to protect your rights.
Grounds for dismissal
Understanding the legal grounds for dismissal is critical to protecting your rights. Not all reasons that an employer may give are sufficient to terminate your employment. A legal analysis will help determine whether your dismissal was legally justified.
Common grounds for dismissal in Poland:
- Expiration of the employment contract
- Mutual agreement of the parties
- Gross misconduct in the performance of work duties
- Elimination of the position or staff reduction
- Prolonged disability of the employee
An online lawyer can provide detailed advice on the legality of the grounds for your dismissal and possible ways to appeal if they are unjustified.
Verification of documents by a lawyer
When you receive a notice of dismissal, it is important to carefully review all the documents provided. Having the documents reviewed by a lawyer can reveal potential violations by the employer and become the basis for protecting your rights.
Question
What documents must the employer provide upon dismissal?
Answer
Upon dismissal, the employer is obliged to provide the employee with the following documents: a written notice of termination of employment, stating the reason and legal basis, a certificate of employment (świadectwo pracy), a payslip indicating all payments and deductions.
A legal analysis of documents provided will help to identify possible violations and determine a strategy for protecting your rights.
Time limits for notice of dismissal
Polish labor law establishes clear notice periods for dismissal, which depend on the type of employment contract and the length of employment with the company. Failure to comply with these deadlines may be grounds for challenging the dismissal.
Standard notice periods:
- Two weeks - with less than 6 months of service
- One month - with a work experience of 6 months to 3 years
- Three months - with more than 3 years of experience
A lawyer can conduct a legal analysis of the situation and determine whether the statutory deadlines were met in your case.
Compensation upon dismissal
Upon dismissal, an employee is entitled to certain compensation, which depends on the circumstances of the termination of employment. Understanding your rights to compensation is an important aspect of protecting your interests.
Types of compensation:
- Severance pay in case of group dismissal
- Compensation for unused vacation time
- Severance pay upon retirement
- Compensation for violation of labor rights
A legal consultation will help you determine what compensation you are entitled to and how to obtain it.
Appealing against unlawful dismissal
If you believe that your dismissal was unlawful, you have the right to challenge it in court. This is a complicated process that requires thorough preparation and professional legal support.
Steps to appeal your dismissal:
- Collect evidence of the unlawfulness of the dismissal
- Filing a lawsuit with the labor court
- Participation in court hearings
- Possibility of appeal in case of unfavorable decision
A lawyer in Ukraine specializing in international labor law can provide valuable advice on the strategy of appealing against dismissal in a Polish court.
Protection against discrimination
Dismissal cannot be the result of discrimination on any grounds. If you suspect that you have been the victim of discrimination, it is important to gather evidence and seek legal assistance.
Question
What are the signs that may indicate discrimination in dismissal?
Answer
Signs of discrimination in dismissal may include: different treatment of employees in similar situations, dismissal after notification of pregnancy, dismissal due to participation in trade union activities, dismissal due to nationality, religion, sexual orientation, etc.
A legal opinion of a lawyer on the existence of signs of discrimination can be the basis for filing a complaint with the relevant authorities or a lawsuit in court.
Maintaining confidentiality
When you resign, it is important to remember to maintain the confidentiality of information that you have learned during your employment. Breach of confidentiality can lead to legal consequences.
Aspects of maintaining confidentiality:
- Trade secrets
- Personal data of customers
- Internal company processes
- Financial information
Legal advice will help you understand the limits of confidentiality and avoid potential problems in the future.
Obtaining references
Positive references from your former employer can be important for your future career. Even if the dismissal process was difficult, it is worth trying to arrange for references.
Steps for obtaining references:
- A polite request to your immediate supervisor
- Prepare a draft letter of recommendation
- Agreeing on the content of the recommendations
- Obtaining a written version of the recommendations
A legal analysis of the received recommendations can help to ensure that they do not contain hidden negative wording.
Requirements for the return of company property
Upon dismissal, you are obliged to return all company property that was in your use. It is important to do this correctly to avoid possible claims in the future.
Typical property to be returned:
- Laptop and other equipment
- Keys and passes
- Corporate credit card
- Documents and data storage devices
Having your documents related to the return of property reviewed by a lawyer will help you avoid potential problems.
Conclusion
Protecting your rights upon dismissal from work in Poland requires an understanding of local labor law, attention to detail, and often professional legal support. The key steps are to thoroughly check all documents related to the dismissal, understand the grounds and procedure for dismissal, know your rights to compensation and the possibilities of appealing against unlawful dismissal. It is important to remember to protect yourself from discrimination and maintain confidentiality even after termination of employment. Consulting an experienced lawyer online or an attorney specializing in labor law can significantly strengthen your position and help protect your rights. A legal analysis of the situation, a legal opinion on the legality of the dismissal, and professional support in appealing can be decisive factors in defending your interests. Remember that each situation is unique, and general advice cannot replace an individual written consultation based on all the circumstances of your case.
