How Is the Deadline for Disciplinary Dismissal Calculated?

Autor

Zuzanna Rosner

Contact us

The employer has one month in which to submit a statement terminating the employment contract, starting from the day they become aware of circumstances justifying the dismissal.

In practice, it is not always clear how to calculate this one-month period. What does the employer need to remember?

  • If an investigative procedure is underway, the one-month period starts from the conclusion of the procedure and the employer obtaining sufficient confirmation of the circumstances justifying disciplinary dismissal.
  • The procedure must be conducted promptly and without unnecessary delay. If it is carried out in a prolonged manner, the one-month deadline may not be extended.
  • The knowledge of the person authorised to make decisions in employment matters is important. If the supervisor knew of the circumstances justifying the dismissal but did not pass this information to the appropriate individuals, the one-month deadline does not start running.
  • If violations of employee duties are recurring (persistent), the one-month period starts from the last of these violations.