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Mgr Marta Kozak-Maśnicka
ORCID: 0000-0003-1556-0011
Mgr Marta Kozak-Maśnicka, Ph. D. Student at the Department of Labour Law and Social Policy of the Faculty of Law and Administration at the University of Warsaw, researcher at the Center for Research on the Law of Eastern Europe and Central Asia. Her scientific interests in labour law focus on the legal protection of whistleblowers and platform work in the gig economy.
DOI: 10.33226/0032-6186.2021.5.5
JEL: K31

Remuneration for the time of unemployment (Articles 47 and 57 of the Polish Labour Code) is not remuneration, but compensation which additionally has a repressive-preventive function. No provision of social insurance excludes the possibility to award compensation for the time of receiving sickness benefit, maternity benefit or rehabilitation benefit. "Remuneration" for the time of unemployment should also be granted for the period of inability to work of a particularly protected employee (Article 47 sentence 2 and 57 para. 2 of the Labour Code) who was unlawfully dismissed — in such a way that the employer should be obliged to cover the difference between the amount of the social insurance benefit and the remuneration the employee would have received if he had worked.

Keywords: remuneration for the period of being out of work; special protection against dismissal

Mgr Marta Kozak-Maśnicka, Ph. D. Student at the Department of Labour Law and Social Policy of the Faculty of Law and Administration at the University of Warsaw, researcher at the Center for Research on the Law of Eastern Europe and Central Asia. Her scientific interests in labour law focus on the legal protection of whistleblowers and platform work in the gig economy.