Special protection of the continuity of an employment relationship established on the basis of an appointment raises interpretation doubts in practice, due to, among other things, the instability (impermanence) of the legal bond created by it, which is characteristic of this act. Particularly controversial is the application of the provisions of Art. 72 § 2 and 3 of the Labor Code, which provides protection against dismissal for pregnant women and employees of pre-retirement age, which mainly concerns two issues. Firstly, the way of understanding the phrase "other work corresponding to the employee's professional qualifications" occurring under the said regulations. This concerns in particular the criteria in the light of which one should assess whether the "other" job offered by the employer is "suitable" for employees covered by special protection against dismissal. Secondly, it is necessary to determine what legal consequences for the parties to the employment relationship result from the employer offering work that is "inappropriate" from the point of view of the "professional qualifications" of persons particularly protected by Art. 72 § 2 and 3 of the Labor Code. Resolving the above issues is of the greatest importance for the practice of economic transactions, which is why the main part of this article is devoted to them. In this respect, the author came to the conclusion that the job offered to the dismissed employee does not have to be "generally identical" or "significantly similar" to the one he performed before the dismissal, and the employer, when assessing its "suitability" for the employee, may not only but should also take into account the previous work history in the position from which the employee was dismissed. He also drew attention to the need, as a rule, to strictly adhere to the literal wording of the interpreted provisions in terms of the assessment criteria they establish (professional qualifications), also referring to the role of factors not explicitly included in them, such as the employee's health capabilities or the place where the work offered is to be performed. As for the legal consequences of the employer offering work that is "inappropriate" from the point of view of the "professional qualifications" of persons particularly protected by Art. 72 § 2 and 3 of the Labor Code expressed the belief that in such a case the employment relationship is definitively terminated if the employee do not accepts the offer made by the employer. Therefore, in the above-mentioned situation, the employee is not entitled to a claim for establishing the existence of an employment relationship, nor a claim for remuneration for the period of unemployment or downtime, but at most a claim for compensation.

The author discusses the phenomenon of simulating an employment relationship with a pregnant woman in order to obtain benefits from the social security system, from the perspective of civil law, labor law, criminal law, and the principles of social coexistence. Research on this issue has been presented in the form of a two-part article. The second part of the article is devoted to the types, role and assessment of factual circumstances (criteria) that should be taken into account when determining whether the employment relationship is apparently established, and it also presents the recommended procedure for determining whether the employment relationship is apparent. This theme was completed by three issues. First, the assessment of the possibility for the pension authority to make a binding legal qualification of the contract between the parties and the unilateral modification of the amount of the basis for calculating social security contributions. Secondly, about the issue of criminal liability of the alleged employee and the employer. Third, and finally, for the possibility of holding the State Treasury liable for damages for the abuse of control powers by the Social Insurance Institution against women who are pregnant or shortly after giving birth.

The author discusses the phenomenon of simulating an employment relationship with a pregnant woman in order to obtain benefits from the social security system, from the perspective of civil law, labor law, criminal law, and the principles of social coexistence. Research on this issue has been presented in the form of a two-part article. The first part is devoted to discussing the theoretical and legal doubts related to the currently applicable provisions of law, in particular the mutual relationship of the provisions of Art. 22 § 11 of the Labor Code, art. 65 and 83 of the Civil Code in connection with art. 300 of the Labor Code, as well as presenting the "essence" of the simulation that we deal with in the case of pregnant women who, in cooperation with the employer, want to extort sickness and maternity benefits from the social insurance system. This part also presents the issue of motivation that the parties usually follow when simulating employment and its role in the final resolution, and also assessed the legitimacy of the view presented in the judicature that the actions of parties suspected of simulating employment should be assessed through the prism of the principles of social coexistence, and in particular in the light of the prohibition of deliberately gaining unjustified benefits from the social security system at the expense of other participants in that system.