Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Poland: Definition of collective dismissal
Phase
Act of 13.03.2003 on special principles of termination of employment contracts with employees for reasons not related to employees - 'Collective Dismissals Act'
Native name
Ustawa z dnia 13.03.2003 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn niedotyczących pracowników
Type
Definition of collective dismissal
Added to database
08 May 2015
Article
Article 1 and 11
Description
The collective dismissal is legally defined as a situation whereby an employer plans to dismiss, within a maximum of 30 days, at least:
10 employees if the company employs 20 to 99 employees;
10% of the workforce if the company employs 100 to 299 employees;
30 employees if the company employs 300 employees or more.
Employees whose employment relationship is based on nomination are not cover by this regulation. This applies for example to employees in schools, high schools and public administration to some extent.
Collective dismissals can be justified on economic reason, business profile changes, liquidation of the workplace, or other valid reasons unrelated to the employees. Collective dismissals cannot be justified on the basis of work performance.
While it is necessary to provide the reasons for dismissal of employees on indefinite contracts, it is not mandatory to indicate the reason for dismissing employees on fixed-term contracts. Yet, according to the verdict of the supreme court employees on fixed-term contracts have a right to receive redundancy payment (SN 4 December 2008, II PK 13/08).
Commentary
Not available.
Additional metadata
Cost covered by
None
Involved actors other than national government
Trade union
Court
Involvement (others)
None
Thresholds
Affected employees: 10 Company size: 20 Additional information: No, applicable in all circumstances
Sources
Ius Laboris (2009), Collective Redundancies Guide, Brussels
Kuczkowski, L. (2008), 'Poland', in van Kempen, M., Patmore, L. and Ryley, M. (eds), The Redundancy Law in Europe, Alphen van den Rijn
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