Pre-retirement protection resulting from Art. 39 Polish Labor Code raises frequent doubts and numerous questions among clients of our PRWT accounting office in Poland. Below we will look at one of the practical issues related to this topic.

The employee turns 60 in October 2024. Currently, she has a fixed-term contract concluded with the employer – for 33 months, which is to last until May 20, 2024. Due to the pre-retirement protection to which the employee is subject, is the employer obliged to conclude a contract with the employee another employment contract after May 20, 2024?

In the example given, the employee’s current employment contract will terminate on its own after the period for which it was concluded. The employer will did not terminate her. In such a case, there is no obligation to conclude another contract with the employee, despite the protection she is entitled to. Resulting from Art. 39 Polish Labor Code pre-retirement protection of employees generally applies to the prohibition of terminating employment contracts for these employees, but does not apply to their termination without notice or to the case in which the contract ends with the period for which it was concluded.

If you have a problem with the interpretation of regulations, please visit our accounting office in Poland (Krakow and Warsaw), where we provide accounting and HR and payroll services. We also invite you to contact us by e-mail or telephone.

Legal services in the field of labor law are provided within our accounting office by a lawyer specializing in labor law, both in the field of substantive law (legal provisions) and procedural law (conducting court cases before Labor Courts).

Bookkeeping services in Poland, Krakow:

PHONE: +48 12 345 21 06
EMAIL: biuro.krakow@prwt.pl

Bookkeeping services in Poland, Warsaw:

PHONE: +48 22 292 47 21
EMAIL: biuro.warszawa@prwt.pl