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Poland / Constitutional Court / P 46/11

District Court in Gliwice, Parliament and the Prosecutor General

Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Poland / Constitutional Court
Decision date:

Key facts of the case:

The Constitutional Court, sitting as a full court, considered the legal question of the District Court in Gliwice (VI Department of Labor and Social Security) on the resumption of employment as a result of restoration to work and the right to remuneration for the period of unemployment. The Constitutional Court held that the legal question at hand is that of the constitutionality of the scope of the employee's claims in the event termination without notice of the employment contract by the employer and of the exclusion – in such a case – of the applicability of general rules contained in the Civil Code relating to compensation for a damage caused by improper performance of obligations (Article 471 Civil Code). The Court shared the view– adopted in the doctrine and case law – that considering the current legal situation the provisions of the Labour Code exclude the possibility of recourse to the provisions of the Civil Code and, therefore, prevent the adjudication of compensation to an employee in excess of the remuneration for work the amount of which is set forth in Article 57 § 1 of the Labour Code.