European Restructuring Monitor (ERM)
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.
Article 1 of Act of 9 March 2023 amending the Act - Labour Code and certain other acts Article 12 of the Act of 13.03.2003 on special rules of termination of employment contracts with employees for reasons not related to employees - 'Collective Dismissals Act'; Article 45 and 50 of Act of 26.06.1974 - Labour Code; Article 35 of the the Act of 23.05.1991 on trade unions; Article 218 of the Act of 6.06.1997 - Criminal Code
If an employer violates the rules on procedure, notice periods or related compensation for dismissals, or the rules on collective dismissals (within 30 days, dismissals of at least 10 employees in companies with 20-99 employees, at least 10% in companies with 100-299 employees, or 30 dismissals in larger companies), employees can (individually) file a complaint with the labour court. The nature of the claim depends on the type of employment contract. On the basis of Article 45 of the Labour Code, a worker with an open-ended contract can choose between financial compensation (1-3 months' salary) or reinstatement of the contract. According to Article 50 of the Labour Code, an employee with a fixed-term contract can only receive financial compensation (1-3 months' salary).
If the employer does not comply with the obligation to consult with the union, it can be considered an obstruction of trade union activities (Article 35 of the Law on Trade Unions) and he/she is subject to a fine or a penalty of restriction of liberty. This penalty is generally up to 2,000 zloty (about €480) and, in special cases, up to 5,000 zloty (about €1,200) if imposed by the labour inspectorate or 10,000 (€2,400) to 30,000 zloty (€7,200) if imposed by the court.
Article 218 of the Penal Code is of some relevance in this respect, paragraph 1(a) of which states that 'whoever, while carrying out activities in the field of labour law and social security, maliciously or persistently violates the rights of employees arising from employment or social security, shall be punished by a fine, penalty of restriction of liberty or imprisonment for up to two years'.
According to Article 1 of Act of 9 March 2023 amending the Act - Labour Code and certain other acts, the employer's statement of termination of a fixed-term employment contract or an employment contract of an indefinite duration employment contract of indefinite duration or to terminate a contract of employment without notice shall specify a reason justifying the termination or cancellation of the contract. In the event that it is determined that the termination of a fixed-term employment contract or an employment contract for an indefinite period of time is unjustified or in breach of the provisions on termination of employment contracts, the labour court - according to the employee's demand - decides on ineffectiveness of the termination, and if the contract has already been terminated - on reinstatement of the employee to their employment on the previous terms and conditions or on compensation. Pursuant to Article 1 of the Act of 9 March 2023 amending the Labour Code and certain other acts, the employer's notice of termination of a fixed-term employment contract or an employment contract for an indefinite period or of termination of an employment contract without notice shall state or termination of an employment contract without notice must state a reason justifying the termination or cancellation of the contract. If it is established that the termination of a fixed-term employment agreement or an employment agreement for an indefinite period of time is unjustified or violates the provisions on termination of employment agreements, the labour court shall, at the employee's request, rule on the invalidity of the termination and, if the agreement has already been terminated, on the reinstatement of the employee in his employment under the previous conditions or on compensation.
An employee who has been terminated from a contract concluded for a trial period in breach of the Labour Code provisions is also entitled to claim compensation in court. Pursuant to Article 50 § 1 of the Labour Code: if an employment contract concluded for a trial period was terminated in breach of the provisions on termination of such contracts, the employee is entitled to compensation. The compensation is due in the amount of remuneration for the time until the expiry of which the contract was to last.
If a fixed-term employment contract is terminated in breach of the provisions on the termination of such a contract, the compensation shall amount to the remuneration for the time until the expiry of which the contract should have lasted, but no more than for 3 months.
According to the verdicts of the supreme Court (SN 23.01.1991 I PR 452/90 and SN 4.12.2008 II PK 137/08) issues which are not regulated in the Collective Dismissals Act should be resolved in accordance with the Labour Code. These verdicts show that during collective dismissal employees have the same claims before labour court (claim for compensation or claim for reinstatement) as in case of individual dismissal.
According to police data, 1,271 cases were filed for infringement of employees' rights (Article 218 of the Criminal Code) in 2016. For comparison, 1,250 cases were filed in 2015.
Statistics indicate the rare application of article 35 of the Act on trade unions. In most cases the employer is not fined.
Eurofound (2015), Poland: Effects of non-compliance with dismissal regulations, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/effects-of-non-compliance-with-dismissal-regulations/poland
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