Terminating an employment contract without observing the notice period is an option available not only to employers but also to employees. This immediate termination of the employment relationship can be used, for example, in cases where the employer commits a serious breach of fundamental obligations towards the employee. It’s important to note that in such situations, the employee is entitled to compensation.
Formal requirements
The employee’s declaration of termination of the employment contract without notice should be made in writing and should state the reasons for the termination. The employee may terminate the employment contract in this manner within one month of becoming aware of the circumstances justifying the termination of the contract.
In the case of continuous behaviour, the period for terminating the employment contract without observing the notice period should be counted from the last of the incidents constituting the given behaviour.
What constitutes a serious breach of fundamental obligations towards the employee?
A prime example of a breach of an employee’s fundamental obligations is failure to pay wages. However, it’s important to bear in mind that this is not the only possible cause, but that the employer’s actions or omissions are characterised by wilful misconduct or gross negligence.
The catalogue of the employer’s basic obligations can be found in the Labour Code. Among other things, the employer is obliged to:
- pay wages on time and correctly;
- respect the dignity and other personal rights of the employee;
- prevent discrimination in employment and mobbing;
- apply objective and fair criteria for evaluating employees, and
- contribute to shaping the principles of social coexistence in the workplace.
Assessment of breaches of fundamental obligations in the light of case law
According to the jurisprudence of the Supreme Court, not only mobbing may justify the termination of the employment contract by the employee in the manner described above, but also deliberate violation of the employee’s dignity or other personal rights by the superior may constitute a legitimate reason for termination of the employment contract due to the employer’s fault.
What is employee dignity?
Employee’s dignity consists of a sense of self-worth based on the opinion of a good professional and conscientious employee, as well as on the recognition of the employee’s abilities, skills and contribution to the work by the superior.
On the other hand, violations of the employee’s dignity may include such behaviours as verbal or active mobbing, insulting assessments of the employee’s qualifications, giving false opinions, unjustified imposition of disciplinary sanctions, and disclosure of information covered by the protection of personal data without the employee’s consent.
Amount of compensation for the employee
If the employer commits a serious breach of fundamental obligations, the employee is entitled to compensation equal to the salary for the period of notice. In the case of termination of a fixed-term contract, compensation is due for the duration of the contract, but not more than the notice period.
Can the employer defend himself?
Yes, because in the event of unjustified termination of the employment contract by the employee without notice, the employer has the right to claim compensation, which is decided by the labour court.
Conclusion
Employers should be aware that, in the case of certain violations, employees have the possibility of terminating the employment contract without observing the notice period. This means that the employer may lose a key employee “overnight” and may be entitled to damages.
To avoid such situations, employers should:
- implement appropriate procedures such as anti-mobbing and anti-discrimination policies;
- foster a positive working environment;
- respond to red flags, and
- provide training for management and employees.
It is worth remembering that, although there is a widespread belief that mobbing is generally difficult to prove due to the need to show persistent and long-lasting signs, even the violation of an employee’s personal rights can have serious and negative consequences for the employer.
If you have any questions or doubts in this regard, please contact our law firm.
Author:
Maria Aleksiejak, Trainee attorney-at-law (PL)
