Labor law: Fact-based social inspector status grants special protection against dismissal despite missing formal election.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal, upholding the lower court's decision to reject the employee's claim for reinstatement. The plaintiff, Danuta M., argued she should be protected under special labor laws because she had performed the duties of a social inspector for years with the workers' consent, even though a formal election was never held after her initial term expired. The court ruled that the statutory protection applies based on the factual reality of her long-term service and the clear will of the workforce, rather than strict procedural formalities.
Regeste Legislator
Généré par l'IAArt. 13 ust. 1 ustawy o społecznej inspekcji pracy; Art. 7 ust. 1 i 2 ustawy o społecznej inspekcji pracy: The special legal protection against dismissal for a social inspector is granted based on the factual performance of duties and the workers' will, regardless of the absence of a formal election following the expiration of the initial term.