Protection against termination of the employment contract was also granted to employees on parental leave. According to Art. 1868 of the Labor Code, the employer may not terminate or terminate the employment contract in the period from the date of submission of the application by the employee entitled to parental leave to the date of termination of the leave in the case of an application for parental leave, and in the case of an application for a reduction in working time, to the date of return to the non-reduced working time, but not longer than for a total period of 12 months. However, the employee must submit such an application no later than 21 days before the start of using the leave or performing work with a reduced working time.
The employment contract may be terminated with an employee exercising the aforementioned rights, if there are reasons justifying the termination of the employment contract without notice due to the fault of the employee and in the event of bankruptcy or liquidation of the employer. The protection is also not granted if the employee has submitted an application for childcare leave or for a reduction in working time after performing an action aimed at terminating the employment contract – then the contract is terminated on the date resulting from this action. Pursuant to the judgment of the Supreme Court with the reference number II PK 331/14, such an act is a legal act which will result in the termination of the employment contract, and not an actual act leading to this.
The employer’s breach of the prohibition on termination or termination of the contract results in the employee’s claim for recognition of the termination as ineffective, and in the event of termination of the contract, for reinstatement to work on the previous terms or for compensation. The court may, if it determines that taking such a request into account is impossible or pointless, disregard the employee’s request for the dismissal to be declared ineffective or for reinstatement to work and award compensation in their place. If the employment contract has been terminated as a result of unlawful termination, the employee who took up work as a result of reinstatement to work is entitled to remuneration for the time of being out of work, but not more than for 2 months, and if the notice period was 3 months, not more than in 1 month. In the event of unlawful termination of the employment contract without notice, the employee who returned to work as a result of reinstatement is entitled to remuneration for the time of being out of work, but not more than for 3 months and not less than for 1 month.
Elaborated on the basis of: Eliza Maniewska [in:] Kazimierz Jaśkowski, Eliza Maniewska, Commentary updated to the Labor Code, 2022