POLAND Law and Practice Contributed by: Magdalena Zwolińska, Aleksander Płaza, Sylwia Miros and Karolina Rogatko, HRLS Zwolińska & Zwoliński
become final. As a rule, the court is obliged to grant such security. In this way, employees under special protection are guaranteed employment for the dura - tion of the proceedings, which may last up to several years.
tion of the provisions on termination of employment contracts in this manner. Remuneration for Period of Unemployment If an employee demands reinstatement instead of compensation, they may also claim remuneration for In general, the amount of compensation depends on the length of an employee’s notice period. This applies both to compensation awarded in connection with an appeal against dismissal and in the event of termina - tion of the employment contract without notice. Motion Requesting Security for a Claim the period of unemployment. Amount of Compensation Pursuant to the Polish Code of Civil Procedure, employees who are subject to special protection against termination of employment with or without notice, and who are seeking recognition of the termi - nation of employment as ineffective or reinstatement to work, at any stage of the proceedings, may request security by ordering the employer to continue their employment until the proceedings are legally con - cluded. This means that a specially protected trade union activist may “return” to work for the duration of the proceedings in the labour court. 8.2 Anti-Discrimination Non-Discrimination According to the Polish Labour Code, employees shall be treated equally as regards: • the establishment and termination of employment relationships; • the conditions of employment; and • promotion and access to training in order to raise occupational qualifications. This is particularly regardless of:
8. Disputes 8.1 Wrongful Dismissal
Wrongful Termination of Employment Contracts Pursuant to the Polish Labour Code, an employee may appeal against a termination of an employment contract to a labour court within 21 days of a date of delivery of a letter terminating the employment con - tract. The labour court may decide that the termination of a fixed-term employment contract or an indefinite employment contract is unjustified (if the reason for termination cannot constitute grounds for termination of the employment contract, is untrue or is vague) or violates the provisions on the termination of employ - ment contracts (the employer violated formal require - ments – eg, the obligation to submit a written notice). Depending on the employee’s claim, it is possible to: • declare the termination ineffective or reinstate the employee to work under the previous terms and conditions; and • award compensation. If termination of a probationary employment contract was in violation of the provisions on the termination of such contracts, the employee is only entitled to compensation. Wrongful Termination of Employment Contract Without Notice Pursuant to the Labour Code, an employee has the right to file a claim with a labour court within 21 days of receiving notice of termination of an employment contract, without notice, demanding reinstatement or compensation. The court will grant the employee’s request for rein - statement or compensation if the employee’s employ - ment contract was terminated without notice in viola -
• sex; • age; • disability; • race; • religion; • nationality; • political views;
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