News - Poland

Poland - May 2014

Polish Labour Code contravenes equal treatment of fixed term workers

The Court of Justice of the European Union ruled that the provisions of the Polish Labour Code regarding termination periods for fixed-term agreements infringe the prohibition of treating fixed-term workers less favourably than permanent workers (Council Directive 99/70/EC) if the situation of those workers is comparable.

The Court held that a fixed term workerís situation is comparable to that of a permanent employee if he or she carries out work that is identical or similar in nature to the work of the permanent employee.

An open issue that remains is how the Courtís judgment is going to affect Polish courtsí practice in similar matters. Polish courts may assume that as long as the provisions of the Labour Code in this respect remain unchanged, the two-week period of termination for fixed-term agreements (see Art. 33 of the Labour Code) remains in force. One may not rule out, however, a refusal to allow the two-week termination notice for fixed-term workers. The judgment may be a guideline for courts in other matters concerning fixed-term workers, e.g. in disputes stemming from the lack of an obligation to justify the termination of fixed-term agreements.

Resources

Judgement of the Court of Justice of the European Union dated 13 March 2014 (C-38/13)

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.

Disclaimer

Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this article. For further legal information click here.

Circular 230 disclosure

To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this article (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Copying

If you would like to copy or otherwise reproduce this article then you may do so provided that: (1) any such copy or reproduction is for your own personal use or if it is made available to any third party it is done so on a free of charge basis; and (2) the article is reproduced in full together with the contact details, disclaimer and any logos as they appear on each article.