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Wrongful termination, also known as unfair dismissal, in Warsaw, Poland refers to when an employee gets fired illegally from their job. According to Polish law, the termination of an employment contract must meet specific conditions to be considered legally valid. If an employer fires an employee contravening these laws, it's considered as wrongful termination. The legal grounds for termination can range from employee misconduct to poor performance and also organizational changes such as downsizing or liquidation. However, an employer cannot fire an employee based on discriminatory reasons such as sex, age, disability, race, religion, or marital status.
Engaging a lawyer can be crucial if you've been wrongfully terminated from your job. They can help you understand the complexities of the law, gather the appropriate evidence, and represent you in court. They can also negotiate on your behalf. This is especially important in cases where there's a disparity of power between the employer and the employee. Proving wrongful termination can get complicated, hence, an experienced attorney well-versed in employment law can be critical to winning your case.
The Labour Code of Poland is the comprehensive law that governs wrongful termination. According to the code, if an employment contract gets terminated without proper notice or just cause, or if the employer has fired an employee based on discriminatory grounds, it's considered to be a wrongful termination. The law protects employees against any kind of discrimination. The employer needs to respect the notice period when terminating an employment contract, the length of which depends on the tenure of the employee in the organization. If dismissed, employees have a right to claim compensation or get reinstated to their role if they can prove the termination unjust.
Firstly, collect all the related documents including your termination letter, employment contract, and any other relevant communication. Secondly, consult an attorney to help you understand and fight your case.
Yes, the Polish labor laws permit you to sue your employer if you believe you've been wrongfully terminated. A lawyer can assist you in this process.
If the court considers your termination unfair, you can either be reinstated to your former role or you may receive compensation ranging from 2 weeks to three months' salary, depending on several factors including your period of service and the circumstances of your dismissal.
According to Polish labour laws, you should file a case within three months of receiving your termination notice.
Yes, you can still claim unemployment benefits. The wrongful termination does not affect your eligibility for these benefits.
Various online resources and organizations can help you understand wrongful termination laws in Warsaw, Poland. You may visit the websites of the Polish Ministry of Labour and Social Policy, District Labour Courts, or citizens advice bureaus. Employee rights advocacy groups and local employment and labor relations boards can also provide useful information and support.
If you think you've been wrongfully terminated, gather all documents related to your employment and termination. Consult a legal professional specializing in employment law. Once they review your documentation, they will be able to guide you on whether you can file a case for wrongful termination as well as walk you through the legal steps involved.
