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Dr Maciej Zarzycki
ORCID: 0000-0001-6982-2633

Defended doctorate in 2022 r. in University of Lodz, the Faculty of Law and Administration. From 17th October 2023 r. judge in District Court in Bydgoszcz, VIIth Department of Labour and Social Insurance Law; during 2020-2023 court assessor.

 
DOI: 10.33226/0032-6186.2024.1.6
JEL: K31

This paper is an analysis of the consequences of augmentation of the claim of employee for reinstatement to work due to the amendment of Labour Code, that came into effect on April 26th 2023. Every employee employed on a contract of employment on specified time may now claim for reinstatement. Because of many negative premises of the claim for reinstatement the parties to the lawsuit have more uncertainty of the court's sentence. The claim for reinstatement is inadequate to a contract of employment on specified time, because even if a worker is reinstated to work, the employer may not be forced to conclude the contract of employment, when the period of the contract expires. So even if an employee is reinstated to work, in principle, the employer has the right no to extend the contract of employment, which is contrary to one of the rules of labour law – the protection of security of an employment contract – and to the essence of the claim for reinstatement to work. Furthermore, this claim is a strong interference into the employer's human resources policy. There are legal systems among European Union's member states that do not even include the claim for reinstatement to work. Problems connected to this claim were also observed by the Codification Commission, that produced a project of the Labour Code that implemented a right for employers to redeem themselves from the reinstatement of an employer by paying a fixed amount.

Keywords: claim for reinstatement; amendment 2023