The Labour deal (Act of 3 October 2022 concerning various labour provisions) provides for a number of novelties in dismissal law. A first measure is the introduction of transition tracks (Chapter 5) in Article 37/13 Employment Contracts Act.
A “transition track” is the possibility for an employee with an open-ended employment contract who has been dismissed with a notice period to perform work for another employer during that period. Such a transition track can be offered by the employer or can be done at the employee’s request. It is purely a possibility; the employee may request it but has no right to it and the employer cannot force it on the employee. Both parties therefore have a right of veto. There is also a prohibition on adverse action (including dismissal) against the employee who refuses (though without any specific penalty for the employer) and the explanatory memorandum makes it clear that there is no impact on the employee’s entitlement to unemployment benefits. [1] …
