How to reconcile business needs with pre-retirement protection? The approaching retirement date of many employees is a new challenge for entrepreneurs. Find out what the rights and obligations of employers are towards employees of pre-retirement age, as well as how to effectively manage a team in the face of these changes.
Many employers often wonder whether they can fire an employee who is a few years away from retirement. The answer to this question is provided by labour law, which provides special protection for employees of pre-retirement age. What exactly does this mean?
This means that in most cases, an employer cannot terminate an employment contract with a person who has less than 4 years left to retirement, and the period of employment allows this person to obtain the right to a pension upon reaching the general retirement age, which in Poland is 60 for women and 65 for men (legal basis: art. 39 of the Labor Code). In other words, in practice, if a woman has turned 56 and a man has turned 61 and they meet certain conditions regarding length of service, they are protected from dismissal.
Important: Pre-retirement protection applies to pensions from ZUS or KRUS, and not additional benefits from other sources, such as the third pillar (IKE, IKZE, PPK) or benefits for working abroad.
Moreover, as we read in the Supreme Court ruling of 30 September 2014, file reference: II PK 283/13 – the concept of retirement age used in Article 39 of the Labour Code should be identified not only with the general retirement age specified in the provisions of the Pension Act, but also with the reduced retirement age provided for in the pension provisions for certain groups of insured persons. Therefore, the prohibition of termination of an employment contract expressed in Article 39 of the Labour Code covers, among others, employees employed in special conditions or in a special capacity, if a further period of employment will enable them to obtain the right to a pension by reaching a lower retirement age on the basis of Article 32 or Article 46 of the Pension Act, or on the basis of Article 184 of this Act.
Therefore, according to the above, an employer cannot dismiss an employee who is entitled to early retirement (e.g. because of their profession) if the employee is approaching retirement age. This concerns the durability of employment for employees who work in difficult conditions or have special rights, e.g. miners, teachers, police officers.
It should also be emphasised that the prohibition of termination applies to both employment contracts concluded for an indefinite period and for a fixed period, as well as notices changing working and pay conditions in accordance with Article 42 of the Labour Code.
In summary, in 2025, the principles of protection of employees of pre-retirement age remain unchanged. However, employers should remember that before taking important actions, they should familiarize themselves with the provisions of the Labour Code, thanks to which they will ensure compliance of their actions with applicable law and thus reduce the risk of unpleasant legal consequences and disputes with employees.
The pre-retirement protection guaranteed to employees approaching retirement age is not absolute. There are situations in which an employer may terminate the employment relationship with such an employee, and understanding these exceptions is crucial for proper team management and compliance with applicable labour law.
The exceptions when an employer may consider terminating an employment contract include several specific situations, such as:
In addition, protection against dismissal, which is available to employees of pre-retirement age, does not cover termination of an employment contract without notice (so-called disciplinary). This means that if an employee, e.g. a 56-year-old woman or a 61-year-old man, seriously violates their obligations to the employer, commits a crime that makes further employment impossible or loses the qualifications necessary to perform work, the employer may terminate the employment relationship on the basis of Article 52 of the Labour Code. However, it is worth remembering in such a situation that termination of an employment contract without notice due to the employee’s fault cannot occur after 1 month from the employer receiving information about the circumstances justifying termination of the contract.
Termination of an employment contract, and not only in a situation in which the employee is entitled to pre-retirement protection, requires special attention and caution. In such cases, consultation with labour law experts is invaluable, as they will not only advise on how to properly conduct the termination procedure but will also help to protect the employer’s interests in the event of potential legal disputes.
It is also particularly important to properly maintain employee documentation and documentation regarding termination of employment. This way, in the event of an action, it can be proven that the procedure was conducted in accordance with applicable legal regulations. Lack of appropriate documentation may result in the termination being deemed ineffective and the employee having to be reinstated to work or paid compensation.
In cooperation with a law firm from our Group – TGC Corporate Lawyers – we offer comprehensive support in the field of labour law. Our lawyers will advise on appropriate legal solutions that will help minimise risks in the event of an inspection or a court dispute.
We also offer an innovative solution – Electronic personal files. E-file enables the preparation, storage and management of personnel documentation in electronic form and, what is especially important, in accordance with applicable labour law regulations. Thanks to this solution, companies not only save time, reduce costs, but also gain full security of stored data, while meeting all legal requirements.
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