TERMINATION OF AN EMPLOYMENT CONTRACT WITHOUT NOTICE UNDER ARTICLE 53 OF THE LABOUR CODE AND THE PROHIBITION OF DISCRIMINATION ON THE GROUNDS OF DISABILITY IN THE LIGHTOF THE LATEST INTERNATIONAL STANDARDS

The paper will attempt to find answers to two fundamental questions. First, does Article 53 of the Labour Code, insofar as it shapes the protection periods for employees with and without disabilities in the same way, in fact lead to discrimination on the grounds of disability by enabling the employer to terminate the employment relationship more quickly with an employee who, because of his disability, is more exposed to the risk of developing the disease? Second, does Article 53 of the Labour Code, insofar as it allows the employer to terminate the employment relationship without first requiring the employer to provide reasonable accommodation to an employee with a disability, or without the need to demonstrate that providing such accommodations would be a disproportionate burden on the employer, lead to discrimination on the basis of disability? In order to answer the questions asked, a selected, constantly developing CJEU acquis in this area will be used, shaped as a result of the interpretation of the provisions of the Directive in response to the questions referred for a preliminary ruling. The analysis of the title problem will enable the assessment of the compliance of Polish regulations with the indicated standards and the formulation of de lege ferenda postulates