Vis maior jako powód zwolnienia od pracy
Vis maior as a reason for dismissal from work
Author(s): Justyna Czerniak-SwędziołSubject(s): Social Sciences, Economy, Law, Constitution, Jurisprudence, Sociology, Management and complex organizations, Human Resources in Economy, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: force majeure; leave of absence; excused absence; urgent family matters
Summary/Abstract: One of the completely new rights given to employees as a result of the April 2023 amendments to the Labour Code is exemption from work due to force majeure in urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary (Art. 1481 § 1 of the Labour Code). When interpreting the law, there is the concept of rationality of the legislator, which should be applied here. Which means that the employee does not so much have to request the employer to take time off from work due to force majeure above, but remains obliged to report absence from work in advance or report the need to leave the workplace for an urgent family matter caused by illness or accident. Applying in this case the interpretation developed on the basis of the provisions on leave on demand to Art. 1481 of the Labour Code does not remain justified.
Journal: Studia z Zakresu Prawa Pracy i Polityki Społecznej
- Issue Year: 30/2023
- Issue No: 4
- Page Range: 351-362
- Page Count: 12
- Language: English
