News - Poland

Poland - May 2013

Judgment of the Constitutional Tribunal - benefits of the employee reinstated at work

The Constitutional Tribunal has clarified its position with regard to the remuneration entitlement for employees who are reinstated at work following a court ruling.

In its judgment of 22nd May 2013 (P 46/11), the Constitutional Tribunal decided that art. 57 § 1 of the Labour Code was compliant with the Constitution.

Pursuant to this provision, an employee with whom an employment agreement is terminated without notice in breach of the law and who is reinstated at work upon a court decision, is entitled to receive remuneration for the period during which they were unemployed, however not exceeding the remuneration for three months. The Tribunal is of the opinion that the protection of the employee’s rights is effected, first and foremost, through work reinstatement, and the three-month limit represents a rational compromise between the justified interests of the employee and the employer. The Constitutional Tribunal, however, did not rule out a situation where the termination of an employment agreement without notice may represent a tort, which, consequently, makes it possible for the employee to raise additional claims under the provisions of the Civil Code.

For further information or to discuss any of the issues raised, please contact Jaroslaw Bieronski, on +48 22 608 70 52 or mobile phone: +48 602 105 255 at Soltysinski Kawecki & Szlezak - www.skslegal.pl

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