Most employees of pre-retirement age are aware of the protection afforded them by the Labor Code on this account. However, is the same protection afforded to a worker of pre-retirement age who is also drawing a special pension?
Employee pre-retirement protection
The Labor Code includes special protection for employees of pre-retirement age. Such employees cannot be terminated unless the employer has gone into liquidation or bankruptcy. The same rule applies if, during the protection period, the employer does not intend to terminate the employment contract, but would like to unilaterally change the employee’s working conditions (e.g. position, scope of duties, place of work) or salary (e.g. reduce the salary). Such regulation is obviously intended to prevent people of an age that makes it difficult to find new employment from being left without a steady source of income.
Wider possibilities of handing an employee of pre-retirement age a so-called “changing notice” are available to employers employing at least 20 people, if the reasons for termination of working conditions or pay do not concern the employee (e.g. in the case of a difficult economic situation of the employer). This is because in these cases the Act of March 13, 2003 on special principles of termination of labor relations with employees for reasons not related to employees and not the Labor Code applies. This law allows the handing of a change notice to an employee of preretirement age if the reasons for termination lie solely with the employer.
Does a “special” retiree enjoy employee pre-retirement protection?
However, it is not uncommon for employers to deal with an employee who has reached an age that qualifies him for Code employee pre-retirement protection, but at the same time is already receiving a pension benefit under special regulations (such as a military or police pension). Such employees do not benefit from the Code’s protection of employees of pre-retirement age against termination of their employment contract or change notice. This is because they are not persons “of pre-retirement age”, but “pensioners” – as they are receiving a pension benefit. Polish regulations do not provide for the possibility of retiring several times and reaping the same employee benefits each time. When an employee decides to retire, he or she is specifically treated as a pensioner, and therefore is not entitled to the labor protection reserved exclusively for those who do not yet have an established right to a pension benefit. When an employee is already drawing a pension (regardless of the fact that it is a special pension), the purpose of employee pre-retirement protection falls away. This is because there is no need to extend special protection to a person who enjoys the right to an old-age pension and for this reason is not at risk of losing his livelihood due to the termination of his employment.
Przy wypowiadaniu umowy o pracę przez pracodawcę kluczowe znaczenie ma liczba zatrudnionych przez pracodawcę pracowników oraz przyczyna, która stanowi podstawę do rozwiązania z pracownikiem stosunku pracy.
W ostatnim czasie Zakład Ubezpieczeń Społecznych dość często wszczyna postępowania wyjaśniające, których efektem bywa wstrzymanie wypłaty zasiłku bądź zobowiązanie do zwrotu zasiłku wraz z odsetkami. Poniżej zaprezentowano środki ochrony przysługujące ubezpieczonemu w takiej sytuacji.
