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Ślęza

In the case of having a managerial contract, the cancellation of the contract from the employers side can be done by sending a letter to the house?

I would like to know if it is true that, in the case of having a managerial contract, the cancellation of the contract from the employers side can be done by sending a letter to the house of the manager and, when starts counting the 3 months period of advice, when the letter is sent (for instance 27th of February), or when the Manager picks it up from Poczta Polska?


mec. Arkadiusz Skrobich answer:


Assuming that, the employee and the employer are bound by an employment contract. In this case the termination a contract with employee might amount to even 3 months. The notice period starts passing from the day, when the employee shall receive the declaration on terminating the employment contract in such a way that he could have acquainted himself with its contents, for instance receive it from the post. Summarizing, when the employee received the declaration on terminating the employment contract on 4th March, notice period which takes 3 months would pass at the end of June.


The points is that, in my case, I have a Managerial Contract, so, I am not bound by typical emplyment contract. In this case, according to Employer's lawyer, is enough with sending the letter, not when it's received. In the contract is written that period for termination of the contract is 3 months, but doens't specify excatly since when.


mec. Arkadiusz Skrobich answer:


Firstly, I’d like to mention that the title of a contract it is not identical with its legal meaning. In some cases a managerial contract can be qualified as an employment contract. However, if you are sure that the contract you have signed cannot be qualified as a managerial contract, it won’t be ruled by a labour law. Consequently, the period of termination and beginning of such a contract should be determined and agreed by both sides. If it has not been specified, the period of termination starts at the moment of receiving of a notice and ends after 3 months, e.g. if the notice was received on 4 th March, the contract will terminate on 4 th June. According to Polish civil code, the notice comes into force at the moment of receiving it by an addressee, not at the moment of posting.