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Mgr Paweł Mardarowicz
ORCID: 0000-0001-9418-1671

Master of Laws, Attorney, runs a private law firm, member of the Lublin Bar Association, and permanent court mediator. In his legal practice, he handles cases in the areas of civil law, labour law and social security law. He represents clients before courts and pub­lic administration bodies.

 
DOI: 10.33226/0032-6186.2026.2.6
JEL: K31

An employee filing an appeal to a labor court against a no­tice of termination of an employment contract or a notice of immediate termination of an employment contract may obtain legal protection before the final conclusion of the proceedings and the issuance of a court ruling. The legisla­ture’s tendency to strengthen the protection of the perma­nence of an employment relationship is demonstrated by the newly introduced provision of Article 7555 of the Code of Civil Procedure and the amendment to Article 4772 § 2 of the Code of Civil Procedure. The main purpose of both regulations is to eliminate the effects of reinstatement of employees who are particularly protected against termina­tion by the obligation to pay remuneration for the entire period of unemployment after a long-term legal process, as well as to counteract lengthy legal proceedings that weaken the substantive guarantees of employee rights protection. The newly introduced provision of Article 7555 of the Code of Civil Procedure allows for the provision of security to an employee by ordering the employer to employ them until the final conclusion of the proceedings, even before the fi­nal judgment of the court of first instance is issued. The au­thor also conducted a survey of court case law regarding the application of Article 7555 of the Code of Civil Procedure. The aim of the analysis is to assess the existing regulations in terms of their effectiveness from the perspective of im­plementing the protective function of procedural labor law.

Keywords: securing claims in employment matters; specially protect¬ed employees; order for continued employment; labor court; civil proceedings