TERMINATION OF EMPLOYMENT

Procedure for termination of the employment relationship – the employment relationship with an academic staff member is terminated by the Rector according to the procedure and rules laid down in the Act – PSW and the Statutes of the University.

The termination or expiry of an employment contract with academic staff shall follow the rules laid down in the Act of 26 June 1974 – Labour Code, except that termination of the employment contract by notice shall take place at the end of a semester (31 March or 30 September).

Termination of the employment relationship with appointed academic staff:

1. by mutual agreement of the parties
2. by notice – the Rector may terminate the employment relationship with appointed academic staff by notice in the case of
   • temporary incapacity for work due to illness if the period of such incapacity exceeds the benefit period, and in the case of an authorised doctor’s confirmation of an improvement in the state of health and the possibility to return to work, if this period exceeds two years;
   • the initiation of proceedings for the liquidation of the higher education institution;
   • a negative evaluation of academic staff as referred to in Article 132 of the Act on Academic Staff (optional);
   • academic staff receiving two consecutive negative assessments referred to in Article 132 (obligatory);
   • academic staff taking up or performing additional employment without the consent of the rector as referred to in Article 129, sections 1 and 10 of the Act
   • o for other important reasons, after consultation with the Faculty Council in which the academic staff member is employed or, in the case of persons employed in other organisational units, after consultation with the Council of the organisational unit concerned or the Senate if there is no Council in the unit concerned.
3. without notice – the Rector may terminate the employment relationship with appointed academic staff without notice in the case of:
   • permanent loss of capacity to work in the position held, as confirmed by a certificate from a medical examiner within the meaning of the legislation on pensions from the Social Insurance Fund, if it is not possible to employ the employee in another position, appropriate to his/her state of health and professional qualifications, or if the teacher refuses to move to such a position;
   • failure to provide, within the prescribed time limit, a certificate confirming the ability to work in the occupied position, issued by the doctor conducting periodic or control examinations;
   • committing:
     • an act specified in article 115 of the Act of 4 February 1994 on copyright and related rights, confirmed by a valid court judgement,
     • confirmed by a valid sentence of a disciplinary committee:
       • appropriating the authorship or misrepresenting the authorship of the whole or part of another person’s work or artistic performance,
       • distributing, without the name or pseudonym of the author, another person’s work in the original version or as an adaptation
       • distributing, without the name or pseudonym of the author, another person’s artistic performance or distorting in public such a work, artistic performance, phonogram, video or broadcast,
     • any other manner of infringing another’s copyright or related rights,
     • falsification of research or scientific results, or other scientific fraud,
     • other scientific fraud;
   • conviction by final judgment for an intentional offence.

Expiry of the appointment (expiry of the appointment is determined by the rector):

The employment relationship of an appointed academic staff member shall expire by operation of law in the event of:

• • the appointment is found to have been made on the basis of false or invalid documents;
  • valid court judgement on the loss of public rights;
  • a valid disciplinary penalty depriving an academic staff member of the right to practise the profession of academic teacher either permanently or for a specified period;
  • a valid sentence of a penal measure prohibiting an academic staff member from holding a specific position if the sentence concerns the performance of duties of an academic teacher;
  • the expiry of a three-month period of absence from work due to preventive detention;
  • serving a sentence of imprisonment or restricted liberty;
  • the expiry of an appointment;
  • the death of the academic staff member.

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

1. the Rector at the request of the Chancellor – with respect to employees employed in managerial or independent positions within the meaning of the Organisational Regulations referred to in §136 of the Statute of the University of Warsaw; however, if the employee performs his/her work at a faculty or inter-faculty or university-wide organisational unit, the Rector shall act at the request of the dean or the head of the relevant unit;
2. the Rector, at the request of the dean or the head of another organisational unit in which the employee is employed – with respect to scientific and technical employees within the meaning of the organisational regulations referred to in § 136 of the Statute of the University, as well as library and scientific documentation and information employees;
3. the Rector, upon the request of the Director of BUW, with reference to the library, documentation and scientific information staff employed at BUW;
4. the Rector, upon the request of a Dean – with respect to employees other than those mentioned in points 1-3, working at the Faculty;
5. the Chancellor – for other employees.

Each employee, before the date of termination of the employment relationship, is obliged to settle the accounts with the University of Warsaw (confirmation of settlement – circulation card) and to return the employee’s service card to the BSP.

In the case of not using all or part of the holiday leave due to the termination or expiry of the employment relationship, an employee is entitled to a cash equivalent.

In connection with the termination or expiry of the employment relationship, the employer is obliged to issue the employee with a certificate of employment immediately, if he does not intend to enter into another employment relationship with the employee within 7 days from the date of termination or expiry of the previous employment relationship. The employer shall issue the certificate of employment immediately – on the day on which the employment relationship is terminated or expires. If, for objective reasons, it is not possible to issue the certificate of employment to the employee or to a person authorised by the employee within this period of time, the employer shall, within 7 days of the expiry of this period of time, send the certificate of employment to the employee or to that person via a postal operator or deliver it in another way.  The employer shall issue the certificate of employment directly to the employee or to a person authorised by the employee. The employee may within 7 days of receiving the certificate of employment apply to the employer to rectify the certificate.

Certificates of employment are issued by BSP UW.

Employees who intend to terminate their employment relationship due to retirement or disability pension can visit the Retirement and Disability Section of the University’s Employee Affairs Office, where they will receive advice and assistance in collecting the documentation required for filing with the Social Insurance Institution. In view of the need to collect certificates of employment and certificates covering the entire period of an employee’s employment, this meeting should take place approximately two months before the planned termination of employment at the University of Warsaw in connection with planned retirement.

Persons who do not have their initial capital established with the Social Insurance Institution (ZUS) are obliged to collect originals of documents confirming contributory periods of employment (certificates of employment or other evidence of contributory periods before 1999, e.g. military books, 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 assistantship, birth certificates of children in the case of a break in employment).

Employees of the University of Warsaw who retire or receive a disability pension are entitled to a single severance payment equal to three times their basic remuneration received for the last month of employment.

• one month’s remuneration if the staff member has been employed for less than 10 years
• three months’ salary, if the staff member has been employed for at least 10 years
• six months’ salary, if the servant has been employed for at least 15 years.

The following members of the employee’s family are entitled to posthumous severance pay:

• spouse;
• other family members fulfilling the conditions required for granting family pension in accordance with the provisions on pensions from the Social Insurance Fund.

The posthumous severance pay shall be divided in equal shares among all entitled members of the employee’s family. If only one member of the family entitled to a posthumous  severance pay remains after the deceased employee has died, he or she shall be entitled to a severance pay amounting to half of the amount determined on the basis of the period of employment at the University of Warsaw.