Pierwszeństwo zatrudnienia; Rozwiązanie stosunku pracy
Z Problematyki Prawa Pracy i Polityki Socjalnej, T. 17 (2008), s. 45-62
According to the 2003 act, the right to re-employment is given only to the employees dismissed
collectively, with the exception of those dismissed individually, which leads to the disorganization
of the axiology of dismissals for the reasons not concerning the employees. At the
same time, the right in question bides irrespective of the reason for employment, comprising also
the employees dismissed because of the announcement of institution bankruptcy or liquidation.
The admission of the possibility of declaring the aim to make use of the right to re-employment
only to the already dismissed employees reduces the scope of employee protection.
The right to re-employment is forward and was restricted in time two deadlines of its realization.
The employee can declare the intention to make use of the right which he/she deserves
within the year since the of work relationship termination. The very deadline is preclusive, which
means that the employee’s right expires after a year in case he/she does not submit it.
Planning the re-recruitment within the period of 15 months after the collective dismissal, the
employer must be aware of the obligation to employ his/her former employees in the first place.
This deadline should be treated as a substantive law term which means that its expiration enforces
the employer to refuse to establish the work relationship. In view of the necessity to protect
the employee’s interest which he/she might be disposed of de lege lata, it is essential to define the compensatory sanction in case an unjustified refusal to employ the employee in a given period
of time takes place. The employee’s claim, though, does not expire, but should be changed
into the compensatory one.