The notice period for an employment contract for an indefinite or definite period - Art. 36 of the Labor Code

Service

The employment contract obliges the employee to perform a specific type of work for remuneration for the employer and under his direction, at a place and time designated by him. The employment contract can be terminated. The notice period in accordance with Art. 36 of the Labor Code depends on employment with a given employer. We explain more in the article.

Termination of the employment contract art. 36 of the Labor Code

An employment contract may be terminated in four ways, namely:

  • by agreement of the parties;
  • by a declaration of one of the parties with a notice period (with notice);
  • by a declaration of one of the parties without notice (without notice);
  • with the passage of time for which it was concluded.

Period of notice for an employment contract concluded for a definite and indefinite period

The termination of the contract with notice takes place with the lapse of the notice period and is possible for each party, the employer and the employee.

The length of the notice period for fixed-term and indefinite employment contracts is set out in Art. 36 of the Labor Code Pursuant to § 1, it is:

  • 2 weeks - when the employment period is less than 6 months;
  • 1 month - for employment of at least 6 months;
  • 3 months - in the case of employment for at least 3 years.

The employment period includes work with the current employer and employment with the previous employer, if the change of employer took place as a result of the transfer of the workplace to another employer in accordance with art. 231 of the Labor Code or when, under separate regulations, the current employer is the legal successor in employment relationships established by the previous employer.

The notice periods under Art. 36 of the Labor Code may be extended when an employee is employed in a position related to material responsibility for the entrusted property and may amount to:

  • 1 month - if the employee has been employed for less than 6 months;
  • 3 months - if the employee has been employed for at least 6 months.

If, after the termination of the employment contract by the employee or the employer, the parties agree on an earlier termination date, the notice period is shortened as agreed, and the termination procedure remains unchanged.