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Prof. dr hab. Jakub Stelina
ORCID: 0000-0003-2871-1413

Head of the Department of Labour Law at the Faculty of Law and Administration of the University of Gdańsk, judge of the Constitutional Court, specialist in labor law, clerical law and social security law. Member of the Codification Committee on Labour Law 2016–2018.

 
DOI: 10.33226/0032-6186.2020.7.4
JEL: J41

In the article, the author examines the rules on thetermination of the employment relationship in connection with the death of the employer who ran the enterprises. However, labor laws provide that employment relations, despite the death of the employer, do not expire in the event of: the transfer of the workplace to a new employer, the establishment of a succession board at the death of the employer, and in the case of not the establishment of such a board of directors, the employment relationship generally expires 30 days after the death of the employer. In this legal state, it may happen that the employment relationship will exist despite the physical absence of the employer. Removing this defect requires a change in the rules, and until then the author proposes to adopt the concept of a substitute employer, which is the municipality or the State Treasury.

Keywords: termination of employment; employer; succession board