Judicial verification of the termination of employment relations in the sphere of public administration on the example of the National Center for Agricultural Support Cover Image

Sądowa weryfikacja wygaszania stosunków pracy w sferze administracji publicznej
Judicial verification of the termination of employment relations in the sphere of public administration on the example of the National Center for Agricultural Support

Author(s): Beata Bury
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: wygaśnięcie stosunku pracy; rozwiązanie stosunku pracy; ochrona pracy; zasada równego traktowania w zatrudnieniu; expiry of an employment relationship; termination of employment; employment protection

Summary/Abstract: The construction of the expiry of an employment relationship excludes the use of institutions provided for in the Labor Code for the termination of employment relationships, as it is a lex specialis in relation to the provisions of this Code. This mechanism results in the termination of the employment relationship, in principle, without the labor court being able to check the reasons for it. The labor court, in such conditions, may, however, examine not only whether the expiration of the employment contract by the employer did not violate the law, but also, and perhaps above all, the circumstances of not offering the employee working conditions and pay for a further period and assess it also in context of social coexistence rules.

  • Issue Year: 27/2020
  • Issue No: 3
  • Page Range: 195-206
  • Page Count: 12
  • Language: Polish