Protection of stability of an employment relationship of persons performing active military duty

One of the claims an employee is entitled to after being reinstated to work by an award of a labour court is the right to claim remuneration for the time when they remained unemployed. The scope of this claim depends, inter alia, on whether the reinstated employee enjoys statutory protection against termination of the subsequently restored employment relationship. If the employee does not belong to the category of protected persons, he/she may claim remuneration for the period of no more than three months, whereas if he/she is the so-called protected employee, he/she may count on remuneration for the whole time of remaining unemployed, which in practice usually covers periods longer than three months. The article presents considerations on the protection against termination of employment relationship of employees performing active military duty. It discusses issues related to the legal permissibility of particular forms of termination of the employment contract. The article presents interpretative doubts concerning the period for which an employee may claim remuneration for remaining unemployed and proposes legislative amendments.