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Dr Agnieszka Skorupka
ORCID: 0000-0002-2696-4022

PhD, assistant Professor at the Chair of Law at the University of SWPS, Branch Office in Wrocław, author of publications on civil procedural and material law. Advocate, associated with the Budnik, Posnow & Partners Law Firm.

 
DOI: 10.33226/0032-6186.2023.7.7
JEL: K31

The current rule of Article 4772 § 2 of the Polish Code of Civil Procedure is favourable for the employee, as it provides that the court, at the employee's request, may impose an obligation on the employer to continue employing the employee until the end of the proceedings, considering the termination of the employment contract ineffective or reinstating the employee to work. This means that the employee can return to work between the non-final judgment of the court of first instance and the final judgment reinstating the employee to work. It may bethat the judgment of the court of first instance is issued only after a year or more from the termination of the employment relationship, which means quite a long period of time from the moment when the employee stopped working for the employer. The aim of this paper is to answer the question whether, on the basis of the applicable provisions on security proceedings in the Code of Civil Procedure, it is admissible to secure an action for reinstatement to work by ordering the employment of an employee already at the stage of proceedings before the court of first instance. Keywords civil procedure, protective measure, Labor Code, employment relationship, reinstatement of the employee to work

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