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Wrongful termination refers to the employer ending an employment relationship in a way that violates the law, the employment contract, or established workplace rules. In Nowa Dęba, as elsewhere in Poland, employment relationships are primarily governed by the Polish Labour Code - Kodeks pracy - and related regulations. Employees have statutory protections against certain types of dismissal, procedural requirements that employers must meet when terminating a contract, and access to remedies through labour courts and administrative bodies. If you believe your dismissal was unlawful, you can seek reinstatement, compensation, or other remedies depending on the facts of your case.
Employment disputes can be legally and emotionally complex. A lawyer can help you understand your rights, evaluate the strength of your claim, and guide you through formal procedures that often include strict deadlines. You may need a lawyer if any of the following apply:
- You were dismissed without a clear reason or without any written notice.
- You suspect the dismissal was due to a protected reason - for example pregnancy, parental leave, trade union activity, disability, religion, political activity, or ethnic origin.
- Your employer did not follow required procedures - for example failing to observe notice periods, not obtaining required approvals, or terminating during special protection status.
- You received a dismissal during probation or as part of a redundancy process and you doubt the employer followed the legal rules for collective or individual redundancies.
- You want reinstatement rather than compensation, or you need help calculating appropriate compensation and lost wages.
- You need representation at a labour court hearing or during mediation, or assistance negotiating a settlement.
Key legal points you should know in Nowa Dęba, Poland:
- Primary law: The Polish Labour Code sets out rules on types of employment contracts, notice periods, grounds for dismissal, and procedural protections. Employers must comply with the Code and any applicable collective bargaining agreements or company rules.
- Types of dismissal: Dismissal can be with notice, without notice (summary dismissal) for serious breaches, or by mutual agreement. Each type has different procedural and evidentiary requirements.
- Probationary contracts: Employers can terminate probationary-period contracts with shorter notice, but dismissals must still not violate anti-discrimination rules or special protections.
- Special protections: Certain employees have extra protection against dismissal - for example expectant mothers, employees on maternity or parental leave, employees on sick leave in specific periods, trade union representatives, and certain employee representatives. In many cases, dismissal requires prior consent from a labour inspectorate or a competent body.
- Collective redundancies: If an employer plans mass layoffs, special rules apply including consultation with employee representatives and notification of authorities. Failure to follow these procedures can render dismissals invalid.
- Remedies: Employees can ask labour courts for reinstatement, payment of back-pay, or compensation. Courts may order reinstatement to the same or equivalent position, or award damages for losses caused by unlawful termination.
- Administrative oversight: The Państwowa Inspekcja Pracy - National Labour Inspectorate - supervises compliance with labour law and can investigate violations at the workplace.
- Time limits: Polish law imposes short statutory deadlines for contesting termination. These vary by the type of dismissal and remedy sought, so it is important to act promptly.
Wrongful termination occurs when an employer ends an employment relationship in breach of the Labour Code, the employment contract, company procedures, collective agreement, or because of illegal reasons such as discrimination or retaliation. Examples include dismissing a pregnant employee without required consent, firing someone for trade union activity, or not following notice and documentation requirements.
Polish law includes short statutory deadlines to contest a dismissal. The exact time limit depends on the type of termination and the remedy you seek. Because of these strict timelines, you should seek legal advice as soon as possible after receiving a termination notice or being dismissed.
Yes. One common remedy is reinstatement - returning to the same position with back pay for lost wages. If reinstatement is impractical, the court may order compensation instead. Your lawyer can advise whether to seek reinstatement or to accept compensation based on your circumstances.
Dismissal during a probationary period is generally easier for an employer, with shorter notice requirements. However, even during probation you are protected against discriminatory or retaliatory dismissals and against violations of mandatory procedural rules. If the reason for dismissal was unlawful, you may still have a claim.
Redundancy can be lawful if the employer follows the statutory rules for notice, selection criteria, consultation with employee representatives, and notification to authorities when required. Collective redundancies trigger extra obligations. If the employer fails to follow the rules, dismissed employees may challenge the termination as unlawful.
Useful evidence includes the written termination notice, your employment contract, company rules, payslips, correspondence (emails, messages), performance records, witness statements from colleagues, medical certificates if relevant, and any documents showing employer procedures or selection criteria in dismissals.
Yes. The National Labour Inspectorate - Państwowa Inspekcja Pracy (PIP) - can investigate breaches of labour law. PIP cannot replace a labour court claim for reinstatement or compensation, but it can issue decisions, inspect workplace practices, and help document violations that support your court case.
Yes. If you are a union member or your workplace has a union, the union can provide support, representation, and advice. In many cases, employers must consult with trade unions before dismissing certain protected employees or during collective redundancies.
Costs vary. Employees bringing labour claims may face court fees and legal costs, but there are options for free or low-cost legal assistance through municipal free legal aid programs, legal clinics, or assistance from unions. A lawyer can explain likely costs and potential fee arrangements.
Outcomes depend on the facts and strength of evidence. Possible results include reinstatement, back pay for lost earnings, severance or compensation, negotiated settlement, or dismissal of your claim. A lawyer will assess likely outcomes and help you choose the best strategy.
When seeking help with wrongful termination in Nowa Dęba, consider these local and national resources:
- Państwowa Inspekcja Pracy - National Labour Inspectorate - regional office for inspections and workplace enquiries.
- Local district court with a labour law division - to file a claim or contest dismissal.
- Municipal free legal aid centers - many communes and cities operate programs offering free advice and initial counselling.
- Regional bar association or legal advisers - for referral to a labour law attorney.
- Trade unions active in your sector - for representation and support during disputes.
- Rzecznik Praw Obywatelskich - the Office of the Ombudsman - for systemic issues involving rights violations.
- University legal clinics and NGOs - clinics often provide pro bono advice and help prepare documents.
If you believe you have been wrongfully terminated, follow these practical steps:
- Preserve documents - keep the termination letter, your contract, payslips, correspondence, and any performance records.
- Note timelines - write down the date you received the termination and any related dates. Act quickly because statutory deadlines can be short.
- Request clarification - if the employer did not provide written reasons, request them in writing. This may help your case.
- Seek initial legal advice - contact a lawyer experienced in labour law or use local free legal aid services for a first assessment.
- Contact relevant bodies - consider filing a report with the National Labour Inspectorate or contacting your trade union if you are a member.
- Prepare your claim - with legal help, gather evidence, identify witnesses, and decide whether you want reinstatement or compensation.
- Consider negotiation or mediation - many disputes are settled without a full trial. A lawyer can negotiate on your behalf or represent you in court if needed.
Acting promptly and taking organized steps will give you the best chance to protect your rights. If you need help finding a lawyer or a local office that can assist, start with the municipal office in Nowa Dęba or the regional legal aid service to obtain referrals and next-step guidance.
