TY - JOUR
TI - The obligation of “continued employment” regulated by Article 7555 of the Civil Procedure Code as a form of security for the action of a (former) employee
AU - Wujczyk, Marcin
TI - The obligation of “continued employment” regulated by Article 7555 of the Civil Procedure Code as a form of security for the action of a (former) employee
AB - In his work, the author describes and evaluates the institution of securing labour claims by imposing an obligation on the employer to continue employing the employee until the proceedings have become final, introduced in Art. 7555 of the Civil Procedure Code. First, a description of the legal nature of the new type of security is made. In the next part, the author defines the catalogue of entities entitled to benefit from the security of Art. 7555 of the Civil Procedure Code, analysing the concept of an employee subject to special protection against termination of the employment relationship with or without notice. In addition, the study fleshes out the formal issues related to the application for security under Art. 7555 of the Civil Procedure Code and the issuance of an order granting such security. This is followed by a consideration of the permissibility of amending a security order that has been issued, and an analysis of the concept of “continued employment,” particularly in terms of what the obligation to continue employment means for the employer and what is the legal status of the entitled person during the period of security. The author also presents the issue of the compulsory execution of the issued security order and indicated when the security ceases. The work also considers the issue of the permissibility of the termination of the employment relationship established in the execution of the freezing order under Art. 7555 of the Civil Procedure Code. In addition, the author discusses in his considerations the rules of settlement between the parties when the action of the employee-author is dismissed. Also included are comments on the applicability of the provisions of Art. 7555 of the Civil Procedure Code to a change notice. Finally, the author evaluates the institution of security under Art. 7555 of the Civil Procedure Code, in which, while referring positively to the very concept of introducing a means of protecting employee claims, he points out the critically assessed aspects of the new regulation.
VL - Volume 31 (2024)
IS - Volume 31 Issue 4
PY - 2024
SN - 1429-9585
C1 - 2544-4654
SP - 319
EP - 338
DO - 10.4467/25444654SPP.24.024.20284
UR - https://ejournals.eu/en/journal/szppips/article/obowiazek-dalszego-zatrudnienia-regulowany-art-7555-kodeksu-postepowania-cywilnego-jako-forma-zabezpieczenia-powodztwa-bylego-pracownika
KW - employee
KW - injunction proceedings
KW - reinstatement