Prohibition of discrimination and the company collective labour agreement

A company collective labour agreement cannot repeal the prohibition of discrimination. According to the Supreme Court judgment of 14 February 2006 (III PK 109/05), the provision of art. 24113 § 2 sentence two of the Labour Code applies to the termination of individual terms of an employment contract due to the expiry of the notice period of the company collective labour agreement, if it has not been replaced by a new collective agreement. The provisions on special protection of the employment relationship and – in relation to a contract concluded for an indefinite period – on the justification of termination (art. 45 § 1 of the Labour Code) and trade union consultation (art. 38 § 1 of the Labour Code) do not apply to the termination of working conditions or pay resulting from the terminated collective labour agreement. however, the employer is bound by the provisions on equal treatment of employees and their non-discrimination (Article 32 and 33 of the Constitution of the Republic of Poland; Articles 112 and 113 of the Labour Code, as well as Articles 183a-183e of the Labour Code) and the prohibition of exercising the right to terminate the employment in a manner contrary to the principles of social coexistence and the socio-economic purpose of the right (Article 8 of the Labour Code).