Employees who are within 4 years of the retirement age will continue to enjoy protection from the termination of their employment following the proposed increase to the retirement age.
Under the provisions of the Labour Code the employment contract of employees who are within 4 years of the retirement age cannot be terminated by their employer, provided that the employees’ period of employment is such that it entitles them to obtain a retirement pension upon reaching this age.
From 1 January 2013 the Polish retirement age is due to gradually increase to 67 years of age (from age 65 for men and from age 60 for women). Transitional provisions will apply from 1 January 2013. The effect of the transitional provisions is that employees who will be entitled to the pre-retirement protection on 1 January 2013 will remain protected until they reach the new, increased retirement age. This means the current 4 year protection period will be extended accordingly.
For further information or to discuss any of the issues raised, please contact Jaroslaw Bieronski on +48 22 608 70 52.