🔹 Introduction

 \The Labor Code provides for special rules for the protection of employment relationships for specific groups of employees. This protection can be absolute (prohibition of termination and dismissal) or conditional (e.g., requires the consent of the trade union). Violation of these rules may result in reinstatement and compensation awarded by the court.
 

🔸 1. Who is covered by special protection against dismissal?

✅ Example groups covered by protection:

• Pregnant women - Prohibition of termination and dismissal
• Persons on maternity/parental leave - Prohibition of termination and dismissal
• Union activists - Prohibition without the consent of the union's board
• Employees in pre-retirement age - Prohibition of termination 4 years before retirement
• Employees during justified absence (e.g., sick leave) - Absolute prohibition of dismissal
• Members of the employee council - Consent of the council required
• Persons returning from childcare leave - Prohibition for 1 month after returning

📌 Protection applies to both termination of the contract and dismissal without notice.
 

🔸 2. Protection of pregnant women and those on parental leave

👩‍🍼 Art. 177 § 1 of the Labor Code:

The employer may not terminate or dismiss an employment contract with a female employee who is pregnant or on maternity leave, unless there are grounds for termination without the employer’s fault (e.g., bankruptcy, liquidation of the company) and the consent of the trade union has been obtained (if it operates).

📌 If the employee has a fixed-term contract, and its end falls after the 12th week of pregnancy – the contract automatically extends until childbirth.
 

🔸 3. Union activists – Art. 32 of the Trade Unions Act

• The employer may not terminate or dismiss an employment contract without prior consent from the board of the trade union indicated in the information about the protection.
• This applies only to persons designated in writing by the union and holding office.
• Protection lasts for the duration of the term of office and for one year after its termination (if the protection lasted longer than 6 months).

🔸 4. Employees in pre-retirement age – Art. 39 of the Labor Code 

• Prohibition of termination of the contract for an employee who is no more than 4 years away from reaching retirement age (60 years for women, 65 years for men),
• Condition: the period of employment gives the right to pension in the given workplace.

📌 The prohibition does not cover termination by mutual consent or disciplinary dismissal (if there are grounds according to Art. 52 of the Labor Code).
 

🔸 5. Employees absent for justified reasons – Art. 41 of the Labor Code

The employer may not terminate an employment contract while the employee:

• is on sick leave (L4),
• is on vacation leave,
• is using other justified absences (e.g., parental leave, special leave).

📌 Protection does not apply to termination of the contract without notice according to Art. 53 of the Labor Code (e.g., long-term illness).
 

🔸 6. Protection against dismissal and position liquidation

• Protection does not apply if the workplace is liquidated or declares bankruptcy (Art. 177 § 4 of the Labor Code).
• In such a case, it is possible to terminate the contract even with protected employees, but often:
  • agreements with the trade union are required,
  • there is a right to severance pay (act on mass dismissals).

🔸 7. Violation of protection – consequences for the employer

• Dismissing a pregnant employee - Invalidity of the termination (Art. 58 of the Civil Code + Art. 45 of the Labor Code)
• Dismissing a union member without consent - Reinstatement + compensation
• Lack of a certificate of employment - Fine and compensation
• Pre-retirement dismissal - The court may rule on reinstatement or compensation 
   

📚 Legal basis

• Labor Code: Art. 39, 41, 177
• Trade Unions Act – Art. 32
• Employment Promotion Act – rules of protection in the employment office
• Supreme Court judgments, including the judgment of March 14, 2018, I PK 297/17