Poland: New Protection in Court Proceedings for Employees Subject to Special Protection Against Dismissal
Privileged persons include pregnant women, persons of pre-retirement age, parents on leave (maternity, parental, paternity, upbringing), trade union activists, members of workers’ councils, social labour inspectors, and employees during a period of excused absence from work (e.g., during sick leave).
Particularly controversial is the fact that the new legislation includes protection for trade union activists. In a situation where such an employee seriously breaches his or her basic duties, the employer may dismiss them but still must employ them for the duration of the proceedings before the court. The activist will continue to represent the employees in negotiations with the employer. This may result in chaos in workplace functions.