In the course of its business, an employer may be faced with the need to terminate an employment contract with an employee who is protected by termination of the employment contract for various reasons, which may additionally accumulate.

Let’s assume a situation where the employee is of pre-retirement age, is also a social labour inspector and, in addition, is also a member of the works council. What are the possibilities of terminating the employment relationship with such an employee under Article 53 of the Labour Code?

Let’s look at the provisions concerning the possibility of terminating an employment contract for individual cases: protection of an employee in the pre-retirement period, protection for a social labour inspector, protection for a member of the works council.
In this part, we will focus on the protection of an employee in the pre-retirement period.

Pre-retirement protection specified in Article 39 of the Labour Code. concerns the prohibition of the employer terminating the employment contract of an employee who is no more than 4 years away from reaching retirement age (of course, there is an additional condition indicating that the period of employment must allow for obtaining the right to a retirement pension upon reaching that age). However, the provision refers to the prohibition of terminating the contract, not its termination. Therefore, it is still possible to terminate the employment contract with such an employee without observing the notice period, including on the basis of Article 53 of the Labour Code.

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