Wrongful dismissal, also known as unfair dismissal, occurs when an employee is terminated from their job in a manner that violates employment laws, contractual agreements, or fundamental principles of fairness. In Poland, employment relationships are primarily governed by the Polish Labour Code (Kodeks Pracy), which provides robust protections for employees. If you believe you have been wrongfully dismissed, it is essential to understand your rights and the legal remedies available to you.
What Constitutes Wrongful Dismissal in Poland?
Under Polish law, wrongful dismissal can occur in several scenarios, including but not limited to:
Breach of Employment Contract: If your employer terminates your employment without adhering to the terms outlined in your employment contract, this may constitute wrongful dismissal. For example, if your contract requires a specific notice period or justification for termination, and these are not provided, the dismissal may be unlawful.
Violation of the Labour Code: The Polish Labour Code sets strict rules for terminating employment. If your employer fails to follow these rules, the dismissal may be deemed wrongful. Common violations include:
Terminating an employee without a valid reason.
Failing to provide written notice of termination.
Discriminating against an employee based on protected characteristics such as gender, age, religion, or disability.
Retaliation or Discrimination: If you were dismissed in retaliation for exercising your legal rights (e.g., filing a complaint about workplace harassment or discrimination), this is considered wrongful dismissal. Similarly, dismissals based on discriminatory grounds are unlawful under Polish law.
Procedural Errors: Polish law requires employers to follow specific procedures when terminating employment. For example, if you are dismissed without being given the opportunity to defend yourself in a disciplinary hearing, the dismissal may be invalid.
Recent Legal Updates in Poland
As of 2023, Poland has introduced several updates to its employment laws to strengthen employee protections. Key changes include:
Increased Compensation for Wrongful Dismissal: Employees who successfully challenge their dismissal in court may be entitled to higher compensation, including reinstatement to their position or financial damages.
Enhanced Anti-Discrimination Measures: Recent amendments to the Labour Code have expanded protections against workplace discrimination, making it easier for employees to challenge dismissals based on discriminatory grounds.
Remote Work Regulations: With the rise of remote work, Poland has introduced new regulations to protect remote workers from unfair dismissal. Employers must now provide clear justifications for terminating remote employees.
Steps to Take if You Believe You Have Been Wrongfully Dismissed
If you suspect that your dismissal was wrongful, follow these steps to protect your rights:
Review Your Employment Contract and Termination Letter: Carefully examine the terms of your employment contract and the termination letter provided by your employer. Look for any discrepancies or violations of the Labour Code.
Seek Legal Advice: Consult with us who are an experienced employment lawyer in Poland that can assess your case and advise you on the best course of action. We can help you determine whether your dismissal was lawful and what remedies are available to you.
File a Complaint with the Labour Court: If you believe your dismissal was wrongful, you can file a complaint with the local Labour Court (Sąd Pracy) within 21 days of receiving your termination notice. The court will review your case and determine whether the dismissal was lawful.
Request Reinstatement or Compensation: If the court finds in your favor, you may be entitled to reinstatement to your former position or financial compensation. Compensation typically includes lost wages, benefits, and damages for emotional distress.
Report Discrimination or Retaliation: If your dismissal was based on discrimination or retaliation, you can also file a complaint with the Polish Ombudsman for Human Rights (Rzecznik Praw Obywatelskich) or the National Labour Inspectorate (Państwowa Inspekcja Pracy).
Why Choose Our Wrongful Dismissal Services?
At eLegal Consultants, we specialize in helping individuals navigate the complexities of wrongful dismissal cases in Poland. Our team of experienced employment lawyers is dedicated to protecting your rights and ensuring you receive the justice you deserve. Here’s what we offer:
Free Initial Consultation: We provide a free, no-obligation consultation to assess your case and explain your legal options.
