Pre-retirement protection. When can an employer dismiss such an employee? The Labor Code provides for certain exceptions in this regard

Pre-retirement protection.  When can an employer dismiss such an employee?  The Labor Code provides for certain exceptions in this regard

People who are approaching retirement age often worry about their professional situation and are afraid of being fired. This is where the Labor Code comes in handy, which protects them from receiving notice. However, there are three exceptions that entitle an employer to dismiss such an employee.


The Labor Code protects employees against dismissal in many respects, including those who have reached pre-retirement age. The so-called pre-retirement protection, because that is what we are talking about, is granted in strictly defined cases.

Pre-retirement protection applies contracted employees only employment, regardless of whether it is an indefinite or fixed-term contract. However, in the case of a fixed-term contract, it will be terminated when the time for which it was concluded expires. Randstad experts emphasize that “protection” does not automatically extend it.

Pursuant to the Labor Code, pre-retirement protection covers persons who lack a maximum of 4 years to obtain the right to receive an old-age pension. Let us recall that the current retirement age for women in Poland is 60 and for men 65. This means that the pension protection covers women from the age of 56 and men from the age of 61.

At the same time, Randstad experts remind you that in order to receive pre-retirement protection “you must have a period of employment enabling you to acquire the right to a pension upon reaching retirement age”. As they explain further, this means that in practice it means “documenting a 20-year (in the case of women) or 25 years (in the case of men) of work experience.

There are several exceptions to pre-retirement protection. The aforementioned “shield” will not protect the employee against disciplinary dismissal. An employee who has the right to receive a pension due to a declaration of total incapacity for work will also not benefit from the protection. Another exception is the bankruptcy or liquidation of the workplace where the employee entitled to pre-retirement protection is employed.

Randstad experts say that the employer may terminate the working or pay conditions also in the case “if he introduces new remuneration rules in the entire company”. The dependence on group layoffs is similar.

– Then the employee can also be given a change notice. In addition, it is possible for a person covered by pre-retirement protection to receive them, who has lost the ability to perform their current job or, through no fault of their own, lost the entitlements needed to perform it, explain the experts.

Most of the more than 10 million pensioners and pensioners have already received indexed payments. Since March 1, they have increased by 14.8 percent. This year, the indexation is based on the amount and percentage, with the use of a guaranteed increase of PLN 250 gross, provided that someone has the required length of service, which is 20 years for women and 25 years for men.

According to the ZUS spokeswoman, people whose old-age pension was PLN 1,338.44 before the indexation, after the increase, they receive PLN 250 more, i.e. PLN 1,588.44. This means 3,000 per year. PLN more. Pension in the amount of 2 thousand. PLN increased by PLN 296 to PLN 2,296, which means an additional PLN 3,552 per year. Pensioners who previously received from ZUS 3,000 a month after indexation, they receive PLN 3,444 (increase by PLN 444), which translates into a PLN 5,328 increase per year.

– Thanks to indexation to the amount of PLN 1,588.44 gross, the minimum pension for total incapacity for work, survivor’s pension and social pension increased. On the other hand, the minimum disability pension for partial incapacity for work from March is PLN 1,191.33 gross, and the pre-retirement benefit is PLN 1,600.70 gross, according to ZUS.

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