It happens that an employer stops paying wages, grossly breaches health and safety rules or otherwise seriously violates an employee's rights. In such situations the Labour Code allows you to leave the job immediately — without notice — and to claim compensation. Below we explain when and on what terms this is possible.
1. When an employee may leave without notice
An employee may terminate the employment contract without notice if the employer has committed a serious breach of its basic obligations towards the employee (Article 55 § 11 of the Labour Code). In practice this mainly means persistent non-payment of wages, significant delays in payment, serious breaches of health and safety rules or other particularly gross violations of employee rights.
2. What compensation the employee is entitled to
If terminating the contract under Article 55 of the Labour Code was justified, the employee may claim compensation equal to the remuneration for the notice period. For contracts concluded for an indefinite and for a fixed term, the compensation corresponds to the remuneration for the notice period, and if the contract was concluded for a shorter fixed term — for the period until the contract was to last, but no more than for the notice period. This means that leaving overnight does not have to mean losing the money that would correspond to an ordinary notice period.
3. What to remember before submitting the letter
The declaration terminating the contract should be submitted in writing, stating the reason justifying the termination. It is worth keeping a copy of the document and gathering evidence of the employer's breaches.
- correspondence with the employer (e-mails, messages, payment demands),
- confirmations of transfers and payslips showing missing or delayed payments,
- notes on working conditions, health and safety reports, documentation of the state of the workstation.
4. Note: the employer can also defend itself
If an employee invokes Article 55 of the Labour Code without justification, the employer may claim compensation of its own. That is why, before taking a decision, it is worth checking carefully whether the breaches really are serious and whether they can be proved. Whether a breach is "serious" can be a matter of dispute — in case of doubt it is safer to consult a lawyer before submitting the declaration.
Not sure whether your situation justifies leaving?
We will check your contract, assess the risk and help you prepare the declaration terminating the contract — so as to protect your rights and, if you are a foreigner, your residence status.
Book a free consultationLegal note: this article is informative and does not constitute legal advice. Legal status: July 2026 (Act of 26 June 1974 — the Labour Code, Article 55). Every case is different — consult a lawyer before taking a decision. Data controller: Dariusz Włodarczyk Kancelaria TRC.
Sources: the Labour Code — Article 55 (termination of the contract by the employee without notice through the fault of the employer) and Article 52 § 2 (deadline); the National Labour Inspectorate — pip.gov.pl (explanations concerning termination without notice). The above discussion is our own; the provisions cited should be verified against the current text of the act before taking action.