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General Clauses in the Act on So-Called Collective Redundancies Cover

General Clauses in the Act on So-Called Collective Redundancies

By: Iwona Sierocka  
Open Access
|Jul 2021

Abstract

This work is focused on aspects of the general clauses used by the legislator in the Act on Collective Redundancies of 2003, i.e. reasons not attributable to an employee and their exclusivity. The first clause covers all cases of termination of an employment relationship that are caused by circumstances affecting the employer or independent of the parties to the employment relationship. On the other hand, “exclusivity” of the reasons not attributable to an employee is confirmed if circumstances not attributable to the employee and the way of performing employment relationship duties thereby constitute the original cause of a definite termination or a notice of change. Analysing the scope of application of the said indeterminate phrases, the author also refers to the principles of community life.

DOI: https://doi.org/10.15290/bsp.2021.26.02.07 | Journal eISSN: 2719-9452 | Journal ISSN: 1689-7404
Language: English, Polish
Page range: 107 - 118
Submitted on: Apr 6, 2021
Accepted on: May 9, 2021
Published on: Jul 20, 2021
Published by: University of Białystok
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2021 Iwona Sierocka, published by University of Białystok
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.