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Dr Iwona Gredka-Ligarska
ORCID: 10.33226/0032-6186.2020.8.6

Dr Iwona Gredka-Ligarska, Barrister, Doctor of Juridical Sciences and Assistant Professor, University of Silesia in Katowice, Faculty of Law and Administration. President of the Programme Board of the National Institute for Museums and Public Collections for a year 2016. Specialist in the civil law, labour law and cultural heritage protection law. The author of over thirty scientific publications.

 
DOI: 10.33226/0032-6186.2020.8.6
JEL: K31

The article presents protective rights afforded to employeesother immediate family members by the Act of 16 May 2019 amending the Act — Labour Code and certain other acts. At the beginning, it was reminded that the term "employee-other immediate family member" was introduced in the Labour Code by the Act of 24 July 2015 amending the Act — Labour Code and certain other acts. Due to the amendment of 24 July 2015, employees-other immediate family members were included in the class of persons entitled to maternal or parental leave. The following parts of the article discuss specifically — as presently afforded to employees-other immediate family members — the right to pay for the entire period of unemployment applicable in case of taking up employment as a result of reinstatement. The article explains the crucial relation between the new protective rights under Article 47 LC, Article 57 para. 2 LC and the amendment to Article 177 para. 5 LC. It also points to the positive impact of the reforms made by the legislator in the amended Articles: 50 para. 5 LC and 163 para. 3 LC. Attention was also drawn to the amendment to Article 4772 para. 2 of the Code of Civil Procedure, introduced by the Act of 4 July 2019 amending the Act — Code of Civil Procedure and certain other acts, in relation to the court's power to impose on an employer the obligation of further employment of an employee until valid conclusion of judicial proceedings. The final part of the article contains considerations on the weakest aspects of the reform introduced by the legislator in the amendment of 16 May 2019. It was emphasized that the legislator's use of the term "employee-other immediate family member" significantly impairs the positive effect of the commented reform of the Labour Code.

Keywords: employee-other immediate family member; employee protection; protective rights; parental rights; pay upon reinstatement