Labour law provisions meet the expectations of employees who are also parents and enable them to connect a professional work with parental responsibilities. Theere is always a guarantee of employment granted by employer to the employee aft er returning from parental leave and that is because of an articles 183² and 1864 of the Polish Labour Code which protect these employees. Thee protection is also granted to the employee who is entitled to a parental leave but he or she decides to lower his or her workload what is considered as alternative form of parental leave. If employee returns to work for his or her employment in a previously given post, equivalent post or other in accordance with his or her qualifications it should not adversely aff ect his or her financial situation. Theese labour law provision guarantees a salary which he or she would receive if he or she would not use a parental leave. Theese provisions do not forbid an employer to provide notice of changing termination or definitive termination, but as long as there is a possibility of mandate other work to the returning employee, definitive termination is not justified. Thee subject of analysis are valid labour law provisions in order to verify if assumption of the legislator about stabilization of employment for employees who are also parents returning to work aft er parental leave is fully implemented in practice. In conclusion, in relation with expanding the range of application article 186 (8) § 2 of the Polish Labour Code by jurisprudence, the position of an employee returning to work aft er using parental leave has been weakened.
keywords in Polish:
urlop rodzicielski, dopuszczenie do pracy, urlop wychowawczy, ochrona związana z rodzicielstwem
keywords in English:
parental leave, admission to work, childcare leave
affiliation:
Wydział Prawa i Administracji : Katedra Prawa Pracy i Polityki Społecznej
Except where otherwise noted, this item's license is described as Udzielam licencji. Uznanie autorstwa - Użycie niekomercyjne - Bez utworów zależnych 4.0 Międzynarodowa