The article discusses an issue significant both from a theoretical and practical point of view, whether in a case of an employee's claims for unjustified or unlawful termination of employment, brought against the employer under Article 415 of the Polish Civil Code (in connection with Article 300 of the Labour Code) and not under the Polish Labour Code, the competent court composition is the one defined in Article 47 para. 1 of the Code of Civil Procedure (i.e. one judge composition), or rather in Article 47 para. 2(1)(a) of the Code of Civil Procedure (i.e. lay judges composition). There is certain divergence of views on this issue in the judicature of the Supreme Court and common courts. As it seems, the prevailing position is that a case concerning such claims is to be examined by a court composed of one judge.

The issues discussed in the article consider whether the provision of art. 130 § 2 of the Labour Code applies to educators at educational establishments working in no-summer, no-winter holidays system (Monday through Sunday 40 hours per week) for whom a territorial self-government unit is the governing body, and if under art.42c (4) of the Teacher’s Charter, such an educator is given a day off for working on a holiday, art. 130 § 3 of the Labour Code also applies.