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Good to know Labour law proceedings – amendments to the Code of Civil Procedure

Labour law proceedings – amendments to the Code of Civil Procedure

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by ​Klaudia Kamińska-Kiempa

11 August 2023


On 28 July 2023, the Polish Parliament passed the bill amending the Bridging Pensions Act and certain other acts. The bill is currently waiting to be signed into law by the President. 
 

What is going to change?

 
The bill makes several major changes in labour law proceedings:

  1. At the employee's request - if termination of an employment contract is declared ineffective or if the employee is reinstated - the court will impose in its judgment the obligation to continue employment until the proceedings have become final.
  2. At the request of an employee whose employment relationship is subject to special protection (irrespective of whether it has been terminated with or without notice), when the employee pursues a claim for declaring the termination ineffective or for reinstatement, the court will, at any stage, grant security by ordering further employment until the proceedings have become final. Except in cases where the claim is clearly unfounded, in which case the court may refuse to grant security. The security will be enforced by execution. It will be possible to overturn the final decision on granting security only if the employer demonstrates grounds for dismissing the employee without notice.

These provisions come into effect within 30 days of their promulgation. Once they become effective, court proceedings involving former employees are likely to grow in significance among employers. The new protective measures that will be available to dismissed employees may indeed place a significant burden on employers.
 

If you have any questions about labour law proceedings, you are welcome to contact us.

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Klaudia Kamińska-Kiempa

Attorney at law (Poland)

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