Abstract

The purpose of this article is an attempt to answer the question whether the compensatory allowance provided for in the Act on Collective Redundancies, paid to specially protected employees, is a correct solution, or whether it is legitimate to object to its unconstitutionality, irrationality and a threat to the principle of equal treatment of employees.

Firstly, the author resolves the issue of the legal nature of the compensatory allowance, then he presents various manifestations of threats that may result from the existence of this institution, and finally does not leave the reader to believe that the essence of the institution is negated, he introduces postulates de lege ferenda aimed at changing the current legal status.