Selection order for dismissals and layoffs in detail
There is no statutory selection order for dismissals under Polish law.
However, for workforce reductions involving a decrease in the number of employees in the same professional group, the selection must made on an objective and non-discriminatory basis.
The criteria used may relate, for example, to length of service (but not age), qualifications, work performance (e.g. based on work assessments), and whether the employee has been subject to disciplinary sanctions. But these are only examples – there is no closed set of selection criteria, and appropriate criteria should be chosen based on the circumstances.
No selection criteria are applied if a particular position is discontinued. In those circumstances, the contracts of all employees with that position are terminated and the position ceases to exist within the structure.
Author: Raczkowski Paruch
Date: December 2019