Termination of employment

An academic staff memberNon-academic staff membersSettlements with the University of WarsawIssuing an employment certificateRetirementSeverance pays: retirement, disability, death benefit

The procedure for terminating an employment relationship – an employment relationship with an academic staff member shall be terminated by the Rector in accordance with the principles and under the procedure specified in the Act – the Higher Education Act and in the Statutes of the University of Warsaw.

Termination or expiration of an employment contract with an academic staff member shall be effected on the principles laid down in the Act of 26 June 1974 – the Labour Code; however, the termination of an employment relationship with notice shall be effected at the end of the semester (March 31 or September 30).

Termination of the employment relationship with a designated academic staff member:

1) by agreement of the Parties;

2) upon notice – the Rector may terminate the employment relationship upon giving notice to a designated academic staff member in the event where:

a) the academic staff member is temporarily incapable of work as a result of illness if the period of incapacity exceeds the period covered by a sick leave benefit, and when an authorised physician has established that improvement in the health allows the academic staff member concerned to return to work, if that period exceeds two years;

b) proceedings have been initiated to liquidate the higher education institution;

c) the academic staff member receives a negative assessment, as mentioned in Article 132 of the Higher Education Act (optional);

d) the academic staff member receives two consecutive negative assessments, as mentioned in Article 132 (obligatory);

e) the academic staff member takes up or performs additional employment without the Rector’s consent mentioned in Article 129, Sections 1 and 10 of the Higher Education Act.

f) for other important reasons, after consulting the council of the faculty in which a given academic staff member is employed and – in the case of an individual employed in a different organisational unit – after consulting the council of such an organisational unit or the Senate, if there is no council in that unit.

3) without notice – the Rector may terminate the employment relationship with a designated academic staff member without notice, in the event of the latter’s:

a) permanent incapacity for work in his/her current position, confirmed by the ruling of a certifying physician within the meaning of the legislation on retirement and disability pensions from the Social Security Fund (FUS), if it is not possible for the employee to be employed in a different position, adequate to his/her health and professional qualifications, or where a given academic staff member refuses to accept such a job;

b) failure to deliver, within the prescribed time limit, a certificate of ability to work in the position held, issued by a physician carrying out periodic or follow-up examinations;

c) committing:

– an act specified in Article 115 of the Act of 4 February 1994 on copyrights and neighbouring rights confirmed by a final and non-appealable court judgement;

– the following acts confirmed by a final and non-appealable decision by the disciplinary committee:

– – misappropriating the authorship or misleading others as to the authorship of someone else’s entire work or artistic performance or a part thereof;

– – distributing, without stating the surname or pseudonym of the author, somebody else’s work in the original version or as a derivative work;

– – distributing, without stating the surname or pseudonym of the author, somebody else’s artistic performance, or publicly distorting such a work, artistic performance, phonogram, videogram or broadcast;

— a different type of violation of third-party copyrights or neighbouring rights;

— falsifying research or research results or other academic fraud;

— other academic fraud;

d) receiving a final and non-appealable sentence for an intentional offence.

Expiration of the designation period (to be determined by the Rector):

  1. The employment relationship of a designated academic staff member shall expire by law in the following cases:
    1. 1) the designation has been found to be based on false or invalid documents;
      2) a final judicial decision on the loss of public rights;
      3) a valid disciplinary penalty depriving an academic staff member of the right to practise the profession of academic staff member, permanently or for a specific period;
      4) a valid penal measure prohibiting an academic staff member from holding a specific position if the judgment imposing the measure concerns the performance of duties of an academic staff member;
      5) expiration of a 3-month period of absence from work due to remand;
      6) serving a sentence of deprivation or limitation of freedom;
      7) expiration of the designation period;
      8) death of an academic staff member
  2. An employment relationship of designated academic staff members employed in a public higher education institution shall expire at the end of the academic year in which s/he has reached the age of 67 years, if s/he has become entitled to a retirement pension. If, upon reaching the age of 67 years, this person has not acquired the right to pension, the employment relationship shall expire at the end of the academic year in which s/he acquires this right. An employment relationship of designated academic staff members holding the academic title of professor (profesor), employed in the position of full professor (profesor zwyczajny) or an associate professor (profesor nadzwyczajny) in a public higher education institution shall expire at the end of the academic year in which s/he has reached the age of 70 years.

An employment contract with a non-academic staff member shall be terminated by:

1) the Rector at the request of the chancellor – with regard to employees holding managerial or independent positions within the meaning of the Organisational Rules and Regulations referred to in § 136 of the Statutes of the University of Warsaw. However, if the employee performs work in the faculty or in an inter-faculty or general university organisational unit, the Rector acts at the request of the dean or head of the relevant unit;

2) the Rector at the request of the dean or head of another organisational unit in which the employee is to be employed – with regard to research and technical staff within the meaning of the Organisational Rules and Regulations referred to in § 136 of the Statutes of the University of Warsaw, as well as to library staff and employees of scientific documentation and information;

3) the Rector at the request of the Director of the University Library in Warsaw – with regard to library staff and employees of scientific documentation and information employed in the University Library in Warsaw;

4) the Rector at the request of the dean – with respect to employees other than those specified in points 1-3, performing work in the faculty;

5) the chancellor – with regard to the remaining employees.

Each employee, before the date of employment termination, shall settle with the University of Warsaw (confirmation of settlement – clearance slip) and return his/her official ID card to the Office of Human Resources (BSP).

If employees do not use their holiday leave entitlement in full or in part due to termination or expiration of their employment relationship, they shall be entitled to a cash equivalent.

Due to termination or expiration of an employment relationship, the employer is obliged to immediately issue an employment certificate to the employee if s/he has no intention to sign another employment contract with the employee within 7 days of the termination or expiration of the previous employment relationship. The Employer shall issue an employment certificate immediately – on the day on which the employment relationship is terminated or expires. If, on objective grounds, it is not possible to issue an employment certificate to an employee or a person authorised by an employee within this time limit, the employer shall send such employment certificate to the employer or the authorised person by post operator or deliver it in any other way within 7 days of the expiration of such a time limit. The employer shall issue an employment certificate directly to the employee concerned or to a person authorised by the latter. Employees may, within 7 days of the receipt of the employment certificate, request the employer to correct their employment certificate.

Employment certificates are issued by the Office of Human Resources.

Employees who intend to terminate their employment relationship due to retirement at the pension age or due to incapacity for work may report to the Retirement Pensions and Annuity Section of the Office for Human Resources at the University of Warsaw, where they will obtain advice and assistance in gathering the documentation that needs to be filed with the Social Insurance Company (ZUS). Due to the necessity to gather the proofs and certificates of employment from the entire employment period, such a meeting should be held approximately 2 months before the planned termination of the employment relationship in the University of Warsaw due to planned retirement.

Persons with no initial capital in the Social Insurance Company (ZUS) are obliged to gather the original documents confirming their contributory periods of employment (employment certificates or proofs of employment or other documents proving all contributory periods before 1999, e.g. military identity cards, insurance cards and the ZUS Rp-7 form) and non-contributory periods of employment (e.g. a certificate of master’s studies, a certificate of doctoral studies, a certificate of preparatory studies for assistant lecturers, birth certificates of children in the case of career breaks).

Persons for whom the Social Insurance Company (ZUS) determined the initial capital, are obliged to document only such contributory and non-contributory periods that occurred after December 31, 1998. The, there is no obligation to obtain and submit the ZUS Rp-7 form to the Social Insurance Company (ZUS).

Based on the above-mentioned documents, the Section shall prepare an application. Employees are obliged to personally submit the application for the award of a retirement pension/disability pension to the Social Insurance Company’s (ZUS) branch competent for a given employee’s place of residence.

Employees (who receive a retirement or disability pension) shall have the right to re-evaluate the retirement/disability pension assessment basis, which is done only at the request of the employee concerned. The procedure of submitting the application for re-evaluation of the pension assessment basis depends on the legal basis for granting the pension:

  • pension granted under the “old rules” – after the end of each quarter or after the termination of employment at the University of Warsaw, employees may report to the Retirement or Disability Pension Section of the Office of Human Resources at the University of Warsaw, which will issue a proof of employment. Moreover, once a year, after the end of a calendar year, employees may apply for the ZUS Rp-7 form in order to file an application with the Social Insurance Company (ZUS) for re-evaluation of their pension assessment; a relevant application must be filed personally directly in the branch of the Social Insurance Company (ZUS) which pays the pension.
  • pension granted under the “new rules” – once a year, an employee may apply for having his/her retirement pension assessment basis re-evaluated; a relevant application must be filed personally directly in the branch of the Social Insurance Company (ZUS) which pays the pension.

The employees of the University of Warsaw who retire at the pension age or due to incapacity for work shall have the right to a one-off payment amounting to three times the basic salary received for the last month of employment.

In the event where an employee dies during an employment relationship or while receiving incapacity benefit due to illness after his/her employment relationship has been terminated, the employee’s family shall be entitled to a death benefit from the employer. The amount of the benefit depends on the period of employment at the University of Warsaw and is equal to:

a) a one-month salary, if the employee has been employed for less than 10 years;

b) a three-month salary, if the employee has been employed for at least 10 years;

c) a six-month salary, if the employee has been employed for at least 15 years.

The death benefit shall be paid to the following family members of the employee:

a) the spouse;

b) other family members meeting the requirements to obtain the survivor’s pension pursuant to the provisions on retirement and disability pensions from the Social Security Fund (FUS).

The death benefit is divided equally between/amongst all the eligible family members of the employee. If there is only one family member entitled to a death benefit after the death of an employee, then such a member shall be entitled to a benefit amounting to half of the amount established on the basis of the employment period at the University of Warsaw.