To dismiss workers, the employer must pay severance pay and compensation.
The employer will be obliged to pay compensation to the employee if the employment contract is terminated, as confirmed by the labor court. In addition to compensation, a laid-off worker may be entitled to receive severance pay when conditions are met.
Release for release
In the case of dismissal, the employer must be aware of the need to pay the deceased subordinate the appropriate severance pay. If he employs at least 20 employees, he or she must pay severance pay for non-employee reasons.
This is in line with art. 10 sec. 1 of the Act of 13 March 2003 on special rules for terminating employment relationships with employees for reasons beyond their control. If these reasons are the sole reason for termination of employment or termination of employment under the agreement of the parties, and the dismissals for a period not exceeding 30 days include fewer workers than in the case of collective redundancies, the employer shall pay the severance pay.
It is calculated according to the rules applicable to calculating the monetary equivalent of holiday leave. Its height will be equivalent to:
- monthly salary if the employee was employed by the employer for less than 2 years,
- 2-month salary, with employment from 2 to 8 years,
- 3-month salary, with over 8 years of employment.
The final amount of severance pay can not exceed 15 times the minimum wage for work - now it will amount to 30 000 gross PLN. The employer must pay the worker's severance pay at the latest on the date of termination of the employment relationship or, finally, on payment of the last employee's remuneration due.
Compensation for unlawful dismissal
The Labor Code gives the employee the option of applying to the labor court for the termination of the employment contract made by the employer. It may require reinstatement, dismissal, or compensation from the employer. The amount is determined by art. 471 of the Labor Code. Compensation in the event of irregular notice should be paid by the employer in the amount of remuneration for the period from 2 weeks to 3 months but not less than the remuneration for the period of notice.← Powrót