Equal and Fair Employment Treatment for Those on Replacement Employment Contracts? Cover Image

Równe i sprawiedliwe zatrudnienie na podstawie umowy o pracę na zastępstwo?
Equal and Fair Employment Treatment for Those on Replacement Employment Contracts?

Author(s): Justyna Czerniak-Swędzioł
Subject(s): Civil Law, Labor relations, Law on Economics, Human Resources in Economy
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: replacement employment contracts; fixed-term contracts; termination of replacement contracts; pregnant women; equality; fair employment;

Summary/Abstract: Employment contracts for replacement purposes are not legally clearly defined under the current Polish Labour Code. It is a contractual arrangement that allows employers to solve personnel issues associated with temporarily unavailable workers for given periods of time. The core elements associated with an employment contract for a replacement, as compared to those of a fixed term employment contract, warrant the assertion that this is an agreement incompatible with the principle of equality in employment and social justice. There are controversies also associated as to how such replacement agreements can be terminated. The legislator intends to change the governing rules of terminating fixed term contracts as well as replacement agreements. Those employees who are in fact replacing workers who are absent for justifiable reasons, remain the weakest employee group as far as employment law protection is concerned.

  • Issue Year: 62/2015
  • Issue No: 2
  • Page Range: 39-54
  • Page Count: 16
  • Language: Polish