Admission to work after the end of leave related to parenting – the latest case law
The author presents the latest judgment of the Supreme Court, determining the incompatibility of Art. 183(2) Polish Labour Code with EU law, to the extent that this provision provided for the possibility to admit an employee returning from leave related to parenting to work not only to the previous or equivalent work position, but also to the position only corresponding to his or her professional qualifications. This provision was repealed on April 26, 2023, but the effects of non compliance of Art. 183(2) Polish Labour Code with EU law open up a number of claims that can also be pursued under the current legal status. These include, among others, a claim for compensation for discrimination.
References
Ludera-Ruszel, A. (2021). Ochrona pracowników mających obowiązki rodzinne – wybrane zagadnienia, Roczniki Administracji i Prawa. Annuals of The Administration and Law (XXI), z. specjalny.
