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2008 An employee shall not know the grounds for termination of the work relationship

According to the Constitutional Tribunal (reference symbol of files P48/07) it is not possible for work agreements for specified time period to reach the same level of protection as for the unspecified work agreements as it would contradict their distinction, and make the labor system more rigid. Different wording for each type of agreement is permitted and absence of grounds for termination of work agreements for specified time period is in accordance with constitution.

Witold Polkowski, an expert in Polish Employers Confederation, says:
Employees very often question the grounds for work termination of work agreements for specified time period, and a need for such a justification would drastically raise the court proceedings. Companies do not give employment in order to terminate the work agreement without reason."

According to Polkowski, companies have other reasons to employ for specified time period than fast work agreements termination; this reason can be for example two weeks’ time period of work agreement. This enables companies to be flexible on the market.

Constitutional Tribunal points out also relationship between the form of employment and situation on the market. According to article 65 of Constitution government conducts policy of full and productive employment. It is difficult to follow this policy without different, flexible forms of employment. Including in the Labor Code agreements for specified time period is a sign of conducting by the government policy of employment of as many people as possible.

Teresa Liszcz, who does not agree with the verdict and its justification, says that right of employers to terminate the work agreements for specified time period without giving grounds for such a decision discriminates those employed on such basis. She cites anti-discrimination regulations included in Labor Code that forbid discrimination due to employment for unspecified or specified time period. According to Mrs. Liszcz discrimination of employees who work for specified time period results from article 33 of Labor Code that was not sued, and that does not limit period of such an agreement (sometimes employees get work agreements for specified time period for many years). Moreover, Liszcz says that possibility of controlling by a court right to unjustified termination of work agreement concluded for specified time period in terms of social and economic infringement or principles of social interactions is in current terms of functioning of courts only theoretical.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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