Is it possible to terminate an employment contract with a social labor inspector?
According to Art. 13 sec. 1 of the Act of 24 June 1983 on social labor inspection (Journal of Laws of 2015, item 567), the workplace may not terminate or terminate an employment contract with an employee acting as a social labor inspector during the mandate and in a period of one year after its expiry, unless there are reasons justifying the termination of the employment contract without notice. In such a case, the termination of the employment contract may take place after obtaining the consent of the statutorily competent body of the company trade union organization.
However, in accordance with paragraph 3 of the quotation of the article, the workplace may not terminate the working conditions and remuneration of an employee performing the function of social labor inspector to his disadvantage in the period specified in sec. 1, unless the termination becomes necessary for the reasons referred to in Art. 43 of the Labor Code, i.e. due to:
- introduction of new remuneration rules for all employees working for a given employer or for the group to which the employee belongs,
- loss of the ability to perform the current job, confirmed by a medical certificate, or loss of rights necessary to perform it, not attributable to the employee.