Moment ustania stosunku pracy przy skróconym okresie wypowiedzenia a wysokość odprawy z art. 8 ustawy z dnia 13 marca 2003 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn niedotyczących pracowników – luka extra lege
The moment of termination of employment relationship and the amount of severance pay of art. 8 Particular principles of dissolution of employment agreement due to reasons independent from employees act of 13 March 2003 – extra legem gap in the law

Summary/Abstract: Termination of employment contract made, for a definite or indefinite amount of time, in compliance with regulations of the Particular principles of dissolution of employment agreement due to reasons independent from employees act of 13 March 2003(also called „The Group Redundancy Act”) and article 361 of The Labour Code (consolidated text published in Journal of Laws 2018, item 917 as amended), raises doubts in regards to exact moment of termina-tion of this relationship. It has direct impact on the determination of the exact amount of severance pay owed to the worker, in accordance with art. 8 of The Group Redundancy Act, in a situation wherein the period of notice has been shortened and the total employment time passes a 2 or 8 year point.In no Polish statue are there regulations which can settle this problem. There-fore there is an extra legem gap in the law. This issue was examined many times by the authors of legal literature and the Supreme Court, who released two judi-cial decisions in this case between 1990–1992, representing two different points of view. The resulting state of affairs caused debate as to the validity of The Su-preme Court’s rulings. This has also contributed to instilling doubts in employers and employees about how to interpret the law correctly without exposing yourself to a risk of trial. Due to this issue being connected with such an important subject as the rights of employees to their benefits regarding termination of employment contract, the legislator is obliged to solve this problem by in-troducing appropriate legal regulations. Successfully implementing an effec-tive solution would eliminate a serious legal gap from the Polish law.

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