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Dr Katarzyna Żywolewska
ORCID: 0000-0002-3287-5886

Dr Katarzyna Żywolewska, Assistant Professor at the Department of Labour Law and Social Insurance at the Faculty of Law of the University of Bialystok. Scientific interests are related to labour law, clerical law and European labour law. The publications mainly concern issues related to individual labour law, employment of academic teachers and social security.

DOI: 10.33226/0032-6186.2020.1.4
JEL: K31

By the Act of July 4, 2019, which entered into force on November 7, 2019, Article 4772 para. 2 of the Code of Civil Procedure has been revised. This change may affect the situation of an employee who has lodged an appeal to the court against the termination or notice of termination of the employment contract by the employer and demands the ineffectiveness of termination or reinstatement under the previous terms and conditions. At the employee's request, the court in a non-final judgment reinstating the employee may impose an obligation of the current employer to employ the employee until the final termination of the proceedings. Due to the fact that the reinstatement takes place when the employment relationship has already been terminated, and the employment should last until the final termination of the proceedings, in practice a number of doubts and problems arise as to how the judgment should be implemented by the employer. An important question, which, according to the author, should be answered by the legislator (by revision of the discussed provision) is whether "reinstatement", which is stipulated in Article 4772 para. 2 of the Civil Code, is connected with a claim for reinstatement, which is a consequence of unlawful or unjustified notice of termination of the employment contract (such is the Author's request after a comprehensive analysis of the provision), or termination without notice.

Keywords: termination of the employment contract; claim; reinstatement; salary; final completion of the proceedings