This article attempts to interpret and analyze the applica­tion of Article 39 of the Labor Code in the context of the prohibition on terminating a fixed-term employment con­tract that expires before the employee reaches retirement age. The doubts that prompted the authors to analyze this issue stem from discrepancies in the Supreme Court’s case law and a tendency to limit the protection afforded by Article 39 of the Labor Code exclusively to employees of pre-retirement age employed under open-ended con­tracts. The question of the legitimacy of maintaining this restrictive interpretation formed the basis for a multifac­eted examination of this issue. Based on their analysis, the authors concluded that the function of Article 39 of the Labor Code—regardless of the length of the employee’s insurance record—is to protect the employee’s terms of employment, which begins upon reaching pre-retirement age and lasts for four years, regardless of the type of em­ployment contract.

This article is the second part of a study on the issue of the recalculation of the pension on reaching the age of 65. The first part characterises the mechanism of this operation and its impact on the amount of the benefit received so far. The second part of the study contains reflections on the premises for the application of the recalculation. First of all, the problem of omission of a part of women, to whom the pension recalculation should be addressed, is analysed. The reflections concern both the interpretation of the regulations in force as well as the axiological justification of the analysed regulations. The analysis leads to the conclusion that there has probably been a violation of the constitutional provisions consisting in the arbitrary omission of a part of women when recalculating the pension. The entire study is concluded by outlining possible scenarios for further development of the analysed issue - from legislative passivity to exclusion from the system of an institution which, in the authors' opinion, should not be introduced into it.