Niewygaszone wygaśnięcia – czyli o nadużywaniu instytucji wygaśnięcia stosunku służby (stosunku pracy) przez krajowego prawodawcę

In author’s opinion, the termination of a service (employment) relationship does not occur by virtue of law, if it occurs as a result of a legal action taken by the employer based on a discretionary selection of employees. Such selection doesn’t implement the rules of the Labour Code and deprives employees of legal guarantees. In fact, the apparent termination of these relations is the beginning of legitimate claims of former employees. It is clear from the Supreme Court’s case law that the free selection of individuals for dismissal, although presented as a statutory termination of a service (employment) relationship, does not have the intended effect as long as it is subject to judicial review. Thus, the provisions on the termination of service relations give rise to hidden costs for the state budget, as the granting of claims by former civil servants does not take place without costs for the employers, including for the State Treasury.