Odpowiedzialność pracodawcy z tytułu wadliwego wypowiedzenia lub rozwiązania umowy o pracę zawartej na czas określony – uwagi de lege lata i de lege ferenda
The employer’s liability on account of unjustified or unlawful termination of a contract of employment for a fixed term – conclusions de lege lata and de lege ferenda

Summary/Abstract: The aim of this article is to present comments and suggestions regarding currently existing solutions in terms of incorrectness of termination or dissolution of a fixed-term employment contract.Due to recent legislative changes, the issue of possibility to terminate or dissolve fixed-term employment contracts became actual more than ever before.In this article there are raised concerns regarding the admissibility of analysis of justification of termination of fixed-term employment contracts, claims of employees’ granted them on the basis of incorrect termination of a fixed-term employment contract, including restitution claim with a special attention paid to the legal status of employees encompassed with special protection of employment status.Further subjected to the analysis were the rights of employee that arise from unlawful termination of employment contract without a notice by employer and legal character of compensation for incorrect termination or dissolution of a fixed-term employment contract.Mentioned considerations were supported by the analysis of judicature and state of doctrine with particular emphasis on suggested recommendations on changing currently applicable solutions.In the summary, Author presented clear vision of direction, which should be followed by the legislator in order to secure coherence of legal system and improvement of position currently occupied by subjects particularly affected by issues connected with adopted regulations in terms of incorrectness of termination or dissolution of a fixed-term employment contract.

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