Abstract

In a situation when a termination of the contract of employment is a result of employee’s refusal to accept new work conditions or salary proposed by an employer in an amending termination, controversy arouses in regard to the worker’s right to a discharge allowance. An employer often assumes that a termination of the contract of employment in such a manner does not provide employees with a possibility to receive discharge allowance referred to in the Act of 13 March 2003 on specific rules of terminating an employment relationship with employees for the reasons nonrelevant to them. The purpose of this article is to discuss those aspects that in practice have a significant meaning for a settlement of the dispute, namely: an actual reason for terminating an employment relationship or salary, the type and nature of the proposed conditions and evaluating whether the refusal to accept new work conditions was a concause of a termination of the contract of employment.