The Ban on Preparing for Dismissal is Not So Radical

Autor

Łukasz Kuczkowski

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The ban on preparing for a dismissal, introduced into Polish labour law as a result of amendments to the Labour Code, does not mean that an employer cannot take any action related to ending cooperation with employees during pregnancy or while using parental leave.

The new regulation only applies to situations where the submission of a leave request or using leave would be the actual reason for the dismissal. As a result, the ban on preparations does not apply if the reason for the planned termination of the employment contract is not related to the employee using parental leave.

The introduction of the ban on preparations is a result of implementing the European Parliament and Council directive of 20 June 2019, regarding the balance between work and family life for parents and caregivers into Polish law. The new regulation stipulates that the employer cannot take any actions related to preparing for the dismissal or termination of the employment contract with such an employee. Violating this ban can result in a fine of up to PLN 30,000 or, in certain cases, a criminal offence.