From 01 January 2017 an employee who has been made redundant has as many as 21 days to file lawsuit against the employer, in which they will respectively appeal against the termination of the contract employment (if the termination is with the notice period) or demand the reinstatement or compensation (in the case of termination without notice). The period concerned shall begin from the date the employee received the declaration of the employer's intent to terminate the contract of employment.
The amendments, which are favourable for employees, were introduced under the provisions of the Act of 16 December 2016 on amending certain acts in order to improve the legal environment of entrepreneurs. Prior to their entry into force, so until 31 December 2016, an employee used to have respectively 7 days to appeal against the notice and 14 days to demand reinstatement or compensation, if their contract had been terminated without notice.
Many employers did not note this revision and made statements to employees on termination of the contract of employment, in which they still used instructions on periods to appeal to court that are no longer in force. Such erroneous instruction, depending on the facts of a particular case may give rise to restore the period for bringing an action by an employee before the labour court.
- Adam Gielnik