The employer's freedom to create and to liquidate particular work positions – latest case-law

The study presents the statement of the Supreme Court regarding the employer's freedom to create and to liquidate particular work positions. The main lines of jurisprudence that have developed in this area over the years have been highlighted. Against this background, the author presented the latest judgment of the Supreme Court, in which it was decided that the liquidation of a work position after a court decision reinstating the employee in that position cannot be considered a real reason justifying employer's notice of the employment contract for an indefinite period (Article 45 § 1 of the Labor Code).

Szynal, G. (2020). Sądowa kontrola rozwiązania stosunku pracy. Wolters Kluwer.