Supreme Court allows termination during pregnancy without union consent but dismisses compensation question as unnecessary.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court ruled that terminating an employee's contract without notice during pregnancy is permissible if no trade union exists or does not represent the employee. The lower court had asked two legal questions regarding this termination and potential compensation under Article 60 of the Labor Code. The Supreme Court answered the first question affirmatively but refused to answer the second, deeming it unnecessary since the legality of the termination was already established.
Legislator headnote
AI generatedArt. 177 § 1 k.p.; Art. 60 k.p.; Art. 390 § 1 k.p.c.; Art. 61 § 1 ust. Sąd Najwyższy: When a trade union does not exist or does not represent the employee, termination without notice during pregnancy is admissible, but questions regarding compensation under Art. 60 k.p. are inadmissible if the legality of the termination is already determined by the first question.