Appeal to the labour court against a notice of dismissal or a summary dismissal (Poland)
Poland · in Polish · for employees
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An employee's claim to the Polish labour court against a notice terminating an employment contract or its termination without notice: asking for the notice to be declared ineffective, for reinstatement or for compensation, with the reason the employer gave and why it is wrong, and, if the deadline was missed through no fault of the employee, a request to restore it. The deadline is 21 days from delivery of the employer's letter (art. 264 of the Polish Labour Code). The employee files it alone and pays no court fee, at the district court's labour division, in person or by registered post, with a copy for the employer.
- Made for use in Poland
- Last updated October 27, 2026
Published byDocMuse
When to use this document
- Your employer in Poland has given you notice and you think the reason they gave is false.
- You were dismissed on the spot without notice and want to challenge it in court.
- The dismissal letter arrived a few days ago and you want to act quickly.
- You want your job back or compensation after being fired in Poland.
What you fill in
The details the document asks for.
- City
- Date
- Polish district court, labour division (name and division)
- Employee
- Employee's PESEL number
- Employee's address
- Employer
- Employer's registered address
- Employer's tax number (NIP)
- Value of the claim in złoty (a year's pay, or the compensation claimed)
- What the employer did: gave notice, or ended the contract without notice
- What you claim (an ineffective notice only while the notice period runs)
- Compensation claimed in złoty (only if you claim compensation)
- Only if the 21 days have passed: why, through no fault of yours, and when the obstacle ended
- Date of hiring
- Type of employment contract
- Position
- Gross base salary
- Date of the employer's dismissal letter
- Date the employer's letter was delivered
- Reason the employer gave (or “none”)
- Why the dismissal is unjustified or unlawful: facts and evidence
- Whether mediation or a settlement was tried before the claim, and if not, why
- Attachments
Common questions
- How long does an employee in Poland have to appeal against a dismissal to the labour court?
- 21 days from the day the employer's letter is delivered, both for a notice of termination and for a dismissal without notice (art. 264 §§ 1 and 2 of the Polish Labour Code). The period does not run from the end of the notice period. The employer's letter should tell the employee about it (art. 30 § 5 of the Labour Code); if it does not, that can justify restoring the deadline. If the deadline was missed through no fault of the employee, the court restores it on a request made within 7 days of the cause ending (art. 265 of the Labour Code); the claim has room for that request.
- Does an employee's claim to the Polish labour court cost anything, and is a lawyer needed?
- The employee pays no fee on a claim in an employment case, whatever its value (art. 35(1) of the Polish Act on Court Costs in Civil Matters, as worded since 28 September 2023); a fee may arise only on an appeal where the value in dispute exceeds 50,000 zł. No lawyer is required, and the employee may even make the claim orally to the court's record (art. 466 of the Polish Code of Civil Procedure). Losing can, however, mean paying the employer's legal costs (art. 98), which the court waives in particularly justified cases (art. 102).
- Which court in Poland hears an appeal against a dismissal, and how is it filed?
- The labour division of the district court (sąd rejonowy) for the employer's seat or for the place where the work was done (art. 461 § 1 of the Polish Code of Civil Procedure). Claims to have a notice declared ineffective, for reinstatement and for compensation for a wrongful notice or dismissal go to the district court whatever their value (art. 461 § 1¹). The claim is handed in at the court's filing office or sent by registered post, with a copy for the employer and copies of the documents; a court without jurisdiction passes the case to the right one (art. 200 § 1).
- What should a Polish dismissal claim ask for: an ineffective notice, reinstatement or compensation?
- While the notice period is running, the claim asks for the notice to be declared ineffective; once the contract has ended, for reinstatement or compensation (art. 45 § 1 and art. 56 § 1 of the Polish Labour Code); for a trial-period contract, only compensation (art. 50 § 1). Compensation for a wrongful notice ending an open-ended contract is pay for 2 weeks to 3 months, not less than pay for the notice period (art. 47¹); for a wrongful dismissal without notice, pay for the notice period (art. 58). The court also rules on claims that follow from the facts given, even if they were not made (art. 477¹ of the Code of Civil Procedure).
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
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