It isn’t always that the parties to an employment contract serve notice of termination in writing. Sometimes, the employee simply gathers her/his personal belongings and leaves the office without any further formalities.

Art 60 of the Polish Civil Code provides that, other than in exceptional situations defined by statute, the intent of a person effectuating an act in law may be expressed through any adequate behaviour on the part of such person. This general rule also finds application with respect to employment relationships.

Thus, the intent of the parties to terminate an employment contract may be expressed by way of any behaviour or action which sufficiently indicates its will. This rule applies to termination of an employment contract via agreement of the parties, for which the Labour Code does not stipulate the written form. In other words, one might imagine a situation where an employer and an employee want to terminate the employment relationship and, even though they do not draw up an agreement in written form, their behaviour unequivocally expresses their intent. In such a situation, it may be deemed that the employment agreement has been terminated in an implicit manner, as it were by default. A position to this effect was adopted by the Supreme Court in a ruling of 20 August 1997 (case ref I PKN 232/97) in which it stated that a fixed-term employment contract may be terminated on the basis of the parties’ agreement by way of concluding actions.