In the practice of our PRWT accounting office, there are situations in which the date of concluding the employment contract is different (earlier) than the date indicated as the starting date of the commencement of work by the employee. However, the question arises, what if one of the parties (employee/employer) decides to terminate the contract before the employee starts work? Is this situation acceptable? What may be the consequences?

Termination of the employment contract in the presented situation is absolutely possible. Either party may terminate the employment contract before the date of commencement of work by the employee. However, it should be remembered that from the date of conclusion of the contract, its termination is possible subject to the notice periods specified in the Labor Code. The parties may, of course, conclude an agreement to terminate the contract between them at any time. However, if the termination notice period is observed, then it should be noted whether the notice period does not cover the date indicated as the date of commencement of work by the employee with all the consequences related to the established employment relationship (including, among others, work performance/remuneration/leave).