ANEMPLOYEE’S FAILURE TO MEET THE SALES TARGETS is not a cause for an employer to terminate the employment contract, as long as the employee did not have any influence on meeting those targets and fulfilled his or her duties properly

Such is the standpoint expressed by the Supreme Court at the Labour Law, Social Security and Public Affairs Chamber in its verdict dated 4 April 2017, court file ref. III PK 93/16

“…. if an employer says, in the termination notice of a contract of employment for an unspecified period of time, that the reasons for termination were related to the employee’s failure to reach the expected work results, then the legitimacy of the termination notice (of the causes) must always be evaluated in terms of the manner in which the employee fulfilled his or her duties.

 …the failure to achieve the objectives (results) assumed by the employer should take account of the employee’s behaviour in the context of his or her duties. This is because a contract of employment is not an agreement of result but rather an agreement of duty of care. The economic risk of the employer is an immanent feature of any employment relationship. Thus, an employee must not be punished for a failure of the employer’s business to achieve a result, if the employee had no influence on that and if the employee cannot be accused of performing his or her duties in an improper manner. Ultimately, it may be concluded that undoubtedly the cause for terminating a contract of employment for an unspecified period of time must be a valid one. This means that the employer cannot terminate such an agreement at the employer’s full discretion (absolutely freely). ...”

Kancelaria Radcy Prawnego Dorota Imielska-Zadrożny
02-691 Warszawa 
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Tel.: +48 (22) 401 28 05

© Kancelaria Radcy Prawnego Dorota Imielska-Zadrożny :: Warszawa 2024

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