Poland: Amount of compensation for un-justified termination of contract

The Supreme Court confirmed that the amount of compensation for un-justified termination of contract should not be higher than mentioned in article 471 of the Polish Labour Code. It means that the maximum compensation which might be awarded is up to 3 months of remuneration but in no case lower than the amount of payment in lieu of notice.

The point of view presented by Supreme Court is not changeable even if the parties (employer and employees) concluded collective labour agreement, in which, the period of notice is longer (for instance 6 months) than provided by the Polish law. As a result, changes in legal regulations – Labour Code in 2016, do not alter settled case law. (Supreme Court Judgement 7 November 2017, I PK 308/16).