Niewygaszone wygaśnięcia – czyli o nadużywaniu instytucji wygaśnięcia stosunku służby (stosunku pracy) przez krajowego prawodawcę
Unexpired expirations – the abuse of the institution of termination of service (employment) relationship by the national legislator

Summary/Abstract: In author’s opinion, the termination of a service (employment) relationship does not occur by virtueof law, if it occurs as a result of a legal action taken by the employer based on a discretionary selec‑tion of employees. Such selection doesn’t implement the rules of the Labour Code and deprivesemployees of legal guarantees. In fact, the apparent termination of these relations is the beginningof legitimate claims of former employees. It is clear from the Supreme Court’s case law that the freeselection of individuals for dismissal, although presented as a statutory termination of a service(employment) relationship, does not have the intended effect as long as it is subject to judicialreview. Thus, the provisions on the termination of service relations give rise to hidden costs for thestate budget, as the granting of claims by former civil servants does not take place without costsfor the employers, including for the State Treasury

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