Protection of workers of pre-retirement age
Employees who are 4 years away from reaching retirement age can count on protection against termination of their employment contract with notice, that is:
- employee – when she turns 56
- male employee – when he turned 61
It is important to note that such protection only applies to termination. However, the employer may dismiss the employee for his own fault, in which case disciplinary dismissal occurs and the protection does not apply.
The employer may also terminate the employment contract before the start of the protection period, even if the contract is terminated during the protection period.
Fixed term contract
According to the new case law, an employer cannot terminate an employee’s fixed-term contract, even if it was concluded for a period shorter than the pensionable age. The employee is further covered by pre-retirement protection if the fixed-term contract lasts longer than the period in which the employee acquires the right to a pension.
Since January 1, 2023, the employee has been employed by the company. In this case, the employee is covered by retirement protection and the employer cannot terminate his/her employment contract.
Source: gov.pl, entrepreneur’s guide
