The release from the obligation to perform work is possible during the termination period of the employment contract.

How is such a exemption done? Who decides about it? Such practical questions are often asked by clients of our PRWT accounting office.

The employer has the following under Art. 36 ² of the Polish Labor Code, the right to release an employee from the obligation to perform work during the period of notice of the employment contract. The employee cannot himself decide to exercise this right. Of course, it is possible to conclude an agreement on releasing the employee from the obligation to perform work during the notice period, but the consent of the employer is required here. On the other hand, the employer may unilaterally release the employee from the obligation to perform work and the employee’s consent is not required. The employee retains the right to remuneration for the time of release from the obligation to perform work during the notice period. Such waiver may cover all or part of the notice period. Employers usually already contain information about the employee’s dismissal from the obligation to perform work (often after using the employee’s vacation leave) in the content of the notice of termination of the employment contract. However, it is worth remembering that it is the employer’s rights and not his obligation. In principle, during the period of notice, the employee is still obliged to perform work and perform all of his duties.