2005 | 2(164) | 33-83
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The particular protection of employment concerns employees, being in exceptional, 'justifiable' life circumstances due to personal situation or in connection with social-professional functions performed. The measures of legal protection in general shall mean a set of legal measures for clearing the effects of any damage to a particular good or preventing such damage from occurring, to which the subjects are entitled pursuant to legal acts. Bans on repudiation (termination) of contracts of employment is the most effective measure, since other legal protection measures only restrict to some extent the employer's liberty in scope of employment policy. The weakest protective measures comprise (the requirement to obtain) a relevant body's permission to dismiss an employee. In some circumstances, the content of the particular protection of employment relationship also comprises a restriction of terminating the contract of employment without notice, should none of the breaches, as set down in Article 53 of Labour Code, be committed by the employee. On the other hand an immediate repudiation of the contract of employment by virtue of any breach by the employee is subject to permission of an appropriate trade union, which shall be binding on the employer. The above picture is to be completed with the so called group redundancy law which has considerably restricted the scope of the particular protection by the Labour Code in cases when employee's dismissal (deterioration of his/her working conditions/remuneration) results from causes set down in Article 1 of the law. In general, this law has granted employers a much bigger liberty to dismiss particularly protected employees. Should an enterprise liquidation or bankruptcy be declared, then the protection would be rescinded under Article 41 of Labour Code and other relevant protective regulations. The scope of the particular employment stability protection of appointed employees can not be narrower than the scope of protection, enjoyed in similar life circumstances by contract employees - also those who work in the private sector - since otherwise the protective function of the labour law would be affected.There exist a group of employees, who enjoy a particular stability protection: the employees, who have been dismissed during an explained absence from work, employees at the pre-retirement age as well as women employees during pregnancy. The particular employment protection is excessively complex and its scope has gone beyond the real needs in this regard. While the particular protection of employees due to (difficult) life circumstances is not the subject of many controversies, the scope of protection provided to those who perform particular social functions is likely to bring a lot of doubts.
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  • H. Szewczyk, Uniwersytet Slaski w Katowicach, Wydzial Prawa i Administracji, Katedra Prawa Pracy i Polityki Socjalnej, ul. Bankowa 11 B, 40-007 Katowice, Poland
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Publication order reference
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