The subject of this article is the analysis of the subjective scope of Article 755⁵ § 1 of the Civil Procedure Code using the example of an employee in the period of pre-retire­ment protection. A dispute has arisen in the doctrine as to whether the protection provided for in Article 755⁵ § 1 of the Code of Civil Procedure may be enjoyed by an employ­ee in relation to whom the legislator has provided for the prohibition of termination of the employment relationship, but has not established the prohibition of termination of the employment relationship without notice. The article presents the positions expressed in the doctrine and analy­ses the concept of an employee subject to special protection against termination of the employment relationship with or without notice. The paper carries out a linguistic, purposive and logical analysis of Article 755⁵ § 1 of the Code of Civil Procedure in order to demonstrate that an employee who is in a period of pre-retirement protection falls within the scope of the subject matter of 755⁵ § 1 of the Code of Civil Procedure regardless of whether the employment relation­ship was terminated with or without notice.