I have been working in a hospital since 1987. I am a reliable employee, I did not use the redundancies, I refused more, even though I was en titled to it. The entire hospital is to be restructured. I found out that I am on the release list. I have a moderate degree of disability in the locomotor system and a slight degree of visual impairment (glaucoma). I have surgery for a malignant tumor, I am also treated for depression. He works in scandalous conditions in the basement, under artificial lighting as a physical rehabilitator. In December 2022, I reach retirement age. I was born on June 13, 1957, and I'm not sure when I'm going into recovery. How can I protect myself from being dismissed from work? Can my employer fire me while I am in the employment protection period? How long can I stay on L4 leave, which I plan to take from tomorrow? Am I en titled to severance pay and how much can it be? I am asking for help, I don't know what to do.
All the circumstances mentioned in the question, although very important in terms of the employment relationship, do not have any direct significance for the employer's will as to the possible dismissal of the employee. The only premise that may have real significance here is the employee's age, and thus protection against dismissal for 4 years before reaching the retirement age.
Pursuant to Art. 39 of the Labor Code- the employer cannot terminate the employment contract of an employee who is not more than 4 years old before reaching the retirement age, if the employment period enables him to obtain the right to an old-age pension when reaching that age. Art. 39 of the Labor Code indicates that the protection of the durability of the employment relationship provided for in this provision is granted to all employees who may acquire the right to a retirement pension within 4 years, regardless of the type of retirement pension to which they will be en titled after that period.
This position was also supported by the Supreme Court in the judgment of 6 December 2012, I PK 145/2012, or in the judgment of 7 December 2012, II PK 123/2012. In the justification of the judgments cited, it was indicated that the same judgments should refer to the same judgments as to the scope of pre-retirement protection granted to the insured persons en titled tobenefits awarded under the Pension Act. In the opinion of the Supreme Court, this circumstance determines the necessity to apply a 4-year protection period prior to acquiring also the right to a bridging pension. Such a position also seems to be consistent with the protective function of Art. 39 of the Labor Code, which is primarily intended to enable employees to obtain retirement rights without the need to seek employment with another employer.Legal basis:The Labor Code Act (Journal of Laws of 2014, item 1502)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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