Terminating an employment contract is a significant decision that often comes with questions and uncertainties. In this article, we will guide you through the process, explain how to properly submit a resignation, the applicable notice periods, and your rights as an employee.
When can an employee terminate an employment contract?
An employment contract can be terminated at any time, regardless of the reason. Employees have the right to end their employment by submitting a written resignation, which does not require justification. There is no need to explain the reasons behind your decision. Resignation can be submitted at a time convenient for the employee, provided the applicable notice period is observed. The length of the notice period depends on the duration of employment with the company and the terms specified in the employment contract. This flexibility allows employees to manage their career paths and plan their professional futures effectively.
Notice period for terminating an employment contract
For example in Poland the notice period is determined by the duration of employment with the given employer and is outlined in labor regulations. The notice periods for employees are as follows:
- Up to 6 months of employment: The notice period is 2 weeks. Employees who have been with the employer for less than 6 months must notify the employer 2 weeks before the planned termination date.
- 6 months to 3 years of employment: The notice period is 1 month for employees with a tenure of 6 months to 3 years.
- More than 3 years of employment: Employees who have worked for over 3 years are subject to a 3-month notice period.
Example:
- You submit your resignation on June 15.
- The notice period is 1 month.
- Your last working day will be July 31.
It is important to note that some employment contracts may specify different notice periods. However, the notice period cannot exceed the maximum lengths stated in labor regulations.
How to submit a resignation? what should the resignation letter include?
A resignation letter must be submitted in writing. While there is no official template for resignation letters, the document should include:
- The employee’s details (full name and address)
- Employer’s details (company name and headquarters address)
- A statement of resignation from the employment contract
- The date and place of submission
- The employee’s signature
You can submit the resignation letter in person at the company’s office or send it by registered mail with a return receipt. Alternatively, resignations can be submitted electronically using a qualified electronic signature, which is legally equivalent to a handwritten signature.
Electronic termination of an employment contract
In addition to the traditional written form, both the employee and the employer can submit a statement of termination or resignation of the employment contract by sending the document electronically. In practice, this means that such a document can be sent via email, for example. For the electronic document to have legal force, it must be signed with a qualified electronic signature.
Signing documents with a qualified electronic signature is legally recognized as equivalent to a handwritten signature, meaning that terminating an employment contract in this form is fully legal and binding. Therefore, an employment termination notice can be signed with a qualified signature using, for example, the SIGNIUS electronic signature application and sent online to the employer. This speeds up the formalities related to ending the employment relationship.
What happens next?
After an employee submits their resignation, the employer is required to confirm receipt of the resignation in writing or electronically (e.g., by signing the document with a qualified signature, which can also be done on a document signing platform like SIGNIUS).
During the notice period, employees are still obligated to fulfill their duties, including:
- Attending work on time
- Performing tasks diligently
- Adhering to workplace rules and regulations
The employer retains the right to terminate the contract without notice if the employee grossly or seriously violates their responsibilities.
Withdrawing a resignation
In certain situations, an employee may withdraw their resignation. This must be done before half of the notice period has elapsed and must be communicated in writing or electronically using a qualified electronic signature on platforms like SIGNIUS. Withdrawal of resignation is only possible with the employer’s consent.
Terminating an employment contract as an employee is a decision that should be carefully considered. Be aware of your rights and responsibilities to ensure a smooth process. If in doubt, consult a lawyer or a labor union representative.
For more information on electronic document signing, check out other services we offer:
+48 61 415 29 00