Legal opinion on whether a Deputy to the Sejm who is on leave-without-pay status may be dismissed under collective redundancy procedure. Cover Image

Opinia prawna dotycząca możliwości zwolnienia z pracy posła przebywającego na urlopie bezpłatnym w ramach zwolnień grupowych.
Legal opinion on whether a Deputy to the Sejm who is on leave-without-pay status may be dismissed under collective redundancy procedure.

Author(s): Joanna M. Karolczak
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: Poland; Deputy; collective redundancies; termination of employment contract by notice

Summary/Abstract: The opinion contains information about application of collective redundancy process in relation to persons granted leave to perform the duties of a Member of Parliament. Individual redundancy for reasons not related to an employee, made under Article 10 of the Collective Redundancies Act, provided that these are the sole reasons for redundancy (i.e. termination of employment contract by notice or by mutual consent of the parties), does not justify exclusion of particular protection afforded by Article 31 of the Act on the Exercise of the Mandate of a Deputy or Senator. For that reason Deputies may be dismissed (without consent from the Presidium of the Sejm) by virtue of Article 10 of the Collective Redundancies Act.

  • Issue Year: 2012
  • Issue No: 4
  • Page Range: 216-217
  • Page Count: 2
  • Language: Polish