Admissibility of supplementary claims by the employee in the event of termination of employment Cover Image

Dopuszczalność dochodzenia przez pracownika roszczeń uzupełniających w przypadku rozwiązania umowy o pracę
Admissibility of supplementary claims by the employee in the event of termination of employment

Author(s): Beata Bury
Subject(s): Law on Economics, Human Resources in Economy
Published by: Krajowa Izba Radców Prawnych
Keywords: Claim; employment contract; termination of employment; compensation; contractual liability

Summary/Abstract: The subject of this article will be the issue of supplementary claims to which an employee is entitled in connection with the termination of employment. The provisions of the Polish Labor Code2 do not contain any regulations in this regard. However, there is no doubt that taking into account (by the labor court) claims resulting from defective notice or immediate termination of the employment contract may not compensate the entire damage suffered by the employee in connection with the execution of these actions. The question arises whether the employee may claim compensation for them, e.g. the compensation for lost income (from various sources) from the moment of termination of the employment to the return to the previously held position (taking up other gainful activity) or other benefits which he was deprived of, or demand the removal of negative consequences of the employer’s behavior.

  • Issue Year: 2019
  • Issue No: 2
  • Page Range: 33-60
  • Page Count: 28
  • Language: Polish