Reflections regarding the applicability of the institution provided for in Article 39 of the Labour Code in case of employment under a fixed-term contract of employment Cover Image

Rozważania w przedmiocie możliwości zastosowania instytucji z art. 39 Kodeksu pracy w przypadku zatrudnienia na podstawie umowy o pracę na czas określony
Reflections regarding the applicability of the institution provided for in Article 39 of the Labour Code in case of employment under a fixed-term contract of employment

Author(s): Patryk Bisikiewicz
Subject(s): Human Rights and Humanitarian Law, Administrative Law, Labour and Social Security Law
Published by: Kancelaria Sejmu
Keywords: Supreme Court; Labour Code; retirement; employment contract; termination;

Summary/Abstract: The issue under analysis is currently subject to the consideration by the Supreme Court. In the author's opinion, termination of a fixed-term employment contract cannot result from the employer's notice of termination of such contract, if the employee lacks no more than 4 years to reach the retirement age, provided that the employment period enables them to obtain the right to retirement pension when they reach that age. The above view does not apply to situations where such a contract expires at the end of the period for which it was concluded.

  • Issue Year: 2025
  • Issue No: 85
  • Page Range: 9-25
  • Page Count: 17
  • Language: Polish
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