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Disciplinary penalty does not block termination


Employer often question whether an incident for which an employee has already been disciplined can also serve as grounds for terminating the employment contract. It is essential to remember that termination of employment is not considered a disciplinary sanction under Article 108 of the Labor Code (i.e., it is not a penalty). In this situation, the law does not prevent the employer from both imposing a disciplinary penalty and ultimately deciding to terminate the employment due to the same offense. However, it should be noted that the severity of the offense must be significant enough that its circumstances and its (even potential) consequences justify the employer’s belief that continued employment of the employee is impossible. – Mariusz Maksis comments for Rzeczpospolita.

Full article in Polish avialible: here.