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Dr Kazimierz Jaśkowski
ORCID: 0000-0003-3807-0074
Dr Kazimierz Jaśkowski, Doctor of Law, in the years 1994–2014 the Supreme Court judge in the Chamber of Labor, Social Security and Public Affairs, currently in rest state.
DOI: 10.33226/0032-6186.2020.9.3
JEL: K31

The article concerns the first instance court's possibility - introduced from the November 7, 2019 - to impose on the employer in the judgment reinstatementing an employee to work, the obligation to continue to emploi an employee until the final termination of the proceedings on employee's request (Article 4772 para. 2 of the C.C.P.). Imposing this obligation is called by the authors "temporary reinstatement". The effect of temporary reinstatement to work is the rising again of the employment relationship with the same content as before its termination by the employer. The employment relationship thus created ceases expires in the moment of the final completion of the proceedings regarding the employee's claim for reinstatement to work or as a result of legal events provided for in the Labor Code. The authors approve this regulation and analyze the resulting legal problems and postulate the most frequent use of temporary reinstatement of employees by the courts as often as possible.

Keywords: : employment relationship; termination of the employment contract; reinstatement of the employee to work; temporary reinstatement of the employee to work; execution of the temporary reinstatementing the employee to work judgment

Dr Kazimierz Jaśkowski, Doctor of Law, in the years 1994–2014 the Supreme Court judge in the Chamber of Labor, Social Security and Public Affairs, currently in rest state.