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The scope of protection of an employee acting for the benefit of a job applicant whose candidacy was rejected due to pregnancy
(Judgment of the Court of Justice of 20 June 2019, C-404/18) Relatively recently, in 2019, the Court of Justice of the European Union (hereinafter: the CJEU) received a preliminary ruling from the Belgian national court regarding the interpretation of the provision of...
Protection of trade union members
Trade union activists are exposed to unfavorable treatment by the employer, as they represent the interests of employees, which are often in conflict with the interests of the employer, and therefore they are subject to special protection. As indicated by Art. 32 sec....
Employee discipline and mobbing
The judgment of the Court of Appeal in Poznań of 13 January 2021, file number III APa 12/20, deals with the difference between the employer's behavior consisting in disciplining an employee and an activity that may be considered mobbing. In the assumptions of the...
Protection of pregnant women
Pregnant women are the group that enjoys a higher level of protection than pre-retirement workers. Pursuant to Art. 177 § 1 of the Labor Code, the employer may not terminate such an employee or terminate the employment relationship with her, unless there are grounds...
Wage discrimination
Pay discrimination is one of the most common forms of discrimination in the workplace. According to the Labor Code, equal treatment in employment is the basic right of every employee. Under no circumstances may the employer make the amount of remuneration dependent on...
Protection of an employee in pre-retirement age
Certain groups of employees are particularly vulnerable to dismissal due to their physical condition or activities for the benefit of other employees, which is why the legislator grants them special protection. Pursuant to Art. 39 of the Labor Code, "An employer may...
Criteria for the selection of employees for dismissal and discrimination
According to the judgment of the Supreme Court of February 19, 2021 (file reference number I PSKP 9/21), the employer cannot arbitrarily dismiss a specific employee, but must follow certain criteria to evaluate other employees to be dismissed. Otherwise, the employer...
Notice periods for the employment contract
Pursuant to Art. 30 par. 1 of the Act of June 26, 1974, the Labor Code (consolidated text: Journal of Laws of 2022, item 1510 - hereinafter: the Labor Code), the employment contract may be terminated in four ways. First, it happens by agreement of the parties. Another...
Does granting additional maternity leave only to mothers constitute discrimination against an employee on the basis of gender?
For the analysis indicated in the title of the issue of asumpt, see the judgment of the Court of Justice of the European Union of November 18, 2020 (judgment of November 18, 20020, case C-463/19 Syndicat CFTC de la Caisse primaire d'assurance maladie (CPAM) de la...
Absence from work as a “fundamental breach of basic duties” in the case of a disciplinary dismissal
The principle of employee preference should be the starting point for considerations regarding termination of employment. The protective function of labor law is manifested, inter alia, in the use of the structure of termination of an employment contract with notice....