Employment contracts notice periods – how to avoid mistakes?

Correctly determining the notice period is a step towards safely separating from an employee. While the Labour Code may seem clear, much depends on details such as the length of service, the calculation of the termination date, or the effects of recent changes to contracts of mandate. Meanwhile, improper termination of an employment relationship can lead to costly lawsuits. 

From this article you will learn: 

• What notice periods apply to specific types of contracts? 

• How do the new regulations on mandate contracts affect seniority? 

• How to precisely calculate the moment of contract termination? 

• Why can a notice of termination given during leave be challenged in court? 

What notice periods apply to specific types of contracts? 

The current legal system distinguishes three types of employment contracts: 

Each of these contracts has different specifics and a different purpose in the process of building the relationship between employer and employee, as well as a different notice period. 

Read also: B2B or employment contract? Find out which is more profitable.  

How can an employment relationship be terminated? 

The decision to terminate a contract can come from either the employee or the employer. The Labour Code precisely defines the permissible procedures for terminating a contract, adapted to various circumstances. 

The most common and usually most convenient method is to terminate the contract by mutual consent, which allows for flexible agreement on the departure date and other terms surrounding the termination of the relationship. An alternative is unilateral termination, which can occur with the statutory notice period or, in special cases, with immediate effect (without observing this period). In the case of fixed-term contracts, the natural end of the professional relationship is the expiration of the contract period. 

Expiration of the employment contract 

It is important to distinguish between contract termination and expiration, which occurs automatically in situations defined by law. The most obvious cases are the death of the employee or the death of the employer. An employment relationship also terminates if the employee is held in pretrial detention for at least three months. 

There are also specific cases in which a contract may expire. An example would be a situation where an employee who entered into an employment relationship based on choice with another employer fails to express their intention to return to their previous employer within seven days of the expiration of their contract. 

Trial period contract – the length of the period matters 

In the case of trial period contracts, the key factor determining the length of the notice period is not the length of service with the employer, but the duration of the trial period. Pursuant to Article 34 of the Labour Code, the notice period is three business days if the trial period lasts up to two weeks. 

For contracts longer than 2 weeks, this period is extended to 1 week, and with a 3-month trial period – up to 2 weeks. 

Fixed-term and indefinite-term contracts – company length of service 

For fixed-term and indefinite-term contracts, the notice period is linked to the length of employment. Standard notice periods are: 

When calculating length of service at a given organization, all periods of employment with a given employer should be added together, even if there were gaps of several years between them. Importantly, the notice period itself also counts towards length of service. Therefore, if the employee’s length of service exceeds six months or three years at the time of termination, the longer notice period (one or three months, respectively) automatically applies. 

How do the new regulations on mandate contracts affect seniority? 

The year 2026 brought an important change resulting from the amendment to the Labour Code. From January 1 (for the public sector) and May 1 (for all other employing entities), periods of work performed under contracts of mandate, among others, will be added to length of service. 

For example, if an employee supported the company as a contractor for two years and was then hired under an employment contract, the period of the contract is added to the full-time employment when determining the length of the notice period.  

You can read more about the new methods of calculating length of service here: New rules for calculating length of service – changes and obligations for employers. 

How to determine the contract termination date? 

Correct indication of the last day of work in the notice of termination of the employment contract requires knowledge of the rules specified in the Labour Code: 

Why can a notice of termination given during leave be challenged in court? 

Employers must exercise particular caution when determining the date for issuing a notice of termination. This is generally not permitted during an employee’s excused absence. Pursuant to Article 41 of the Labour Code, a contract cannot be terminated during vacation leave or other excused absence. One court ruling found that an employee whose notice of termination was served on a date listed in the system as vacation was dismissed in violation of the law and received compensation, despite her reporting to the office on that day at her supervisor’s request. The court ruled that documentation (payroll, log files) trumps oral agreements.

You can read the court’s ruling here: IV P 468/24 – judgment with justification, District Court in Świdnica, January 12, 2026.  

See also: Labour Code – new version of changes regarding mobbing 

Notice periods – can they be shortened or extended? 

Can notice periods be shortened or extended? Yes, but only in certain situations. Shortening the 3-month notice period to 1 month is possible in the event of bankruptcy or liquidation (however, the employer is obligated to pay the employee compensation for the remaining notice period). 

The parties may also agree on an earlier departure date, which does not change the contract termination procedure. Extending the employee’s notice period is permissible if such a provision was introduced after consultation and explanation of the extension’s consequences to the employee and can be considered objectively beneficial to the employee. 

How can we help? 

Understanding labour law regulations is key to effectively managing a team and protecting the interests of the company. TGC Corporate Lawyers offers professional support in the field of labour law, assisting employers with document preparation and representing the company in legal disputes. Our specialists will ensure that the client’s decision complies with current regulations, avoiding costly mistakes and penalties. 

Need labour law support? If so, please contact us: 

We also encourage you to download our guide: Hiring an employee in Poland – basic obligations of the employer 

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