The municipal council can not refuse to accept the dismissal of a councilor

The prior consent is required for dissolution of the employment agreement with the councilor. The only reason to refuse the dismissal of a councilor can be caused by events connected with performing duties of a councilor. That was ruled by The Regional Administrative Court in Olsztyn in its judgment of June 29, case No. II SA / Ol 382/17.

The court pointed out that regulations provided in the Local Government Law Act aims to ensure the free exercise of the councilor’s mandate and not to cover the risk of being dismissed or interfere in the content  of the employment contract by the municipal council. The case concerned the councilor with whom the employer wanted to terminate the employment contract for organizational reasons, not involving the employee, and caused by the employer.

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