Abstract

Imposing obligation on the employer to continue employment of the worker until a final and binding termination of proceedings, apart from a catalogue of claims appertaining to the worker regarding the termination of employment, is one of the symptoms of protection of stability of such an employment relationship. This institution, rather poor from a legislative perspective, raises many doubts, both procedural and legally substantive in nature, also valid after one of the latest amendments of the Code of Civil Procedure. Its main objective is counteracting long-term consequences of lawsuits that undo or undermine material guarantees regarding such a protection.

Based on complexity of the issue, and the necessity to discuss new problems that, thus far, lack proper judicature, it will be divided into two parts.

In the first part, the author presents the issue of the way of securing employee’s claims implemented into the civil procedure based on a newly added art. 755(5) of the Code of Civil Procedure. The second part is devoted to the analysis of the approved solution in art. 477(2) par. 2 of the Code of Civil Procedure while presenting the directions of its changes and legal nature. The author presents aspects of new regulations and proposes answers to interpretative problems that occur in the background, before the emergence of proper judicature regarding the issue, especially in the Supreme Court.

The purpose of the study is to evaluate the real potential of institutions regulated in art. 755(5) and 477(2) par. 2 of the Code of Civil Procedure, and to identify threats that come with them. Undoubtedly, the approved solutions sparked off a debate not only among the environment of employees and employers but also among practitioners, i.e. in the area of law based on activities that aim at certain limitations regarding judicature of labour courts.