Initiation of a trial in labour law cases after the amendment to the civil procedure — selected issues

Abstract

The subject of the article is initiating a trial in labor law cases after the amendment to the provisions of Polish civil procedure. First, it presents a new institution, of returning a pleading that is not a claim without giving it any further action, which raises doubts in the context of the constitutional right to a fair trial. Further considerations concern making good formal irregularities of the lawsuit, with particular emphasis on the role of the preparatory meeting and the controversy over the notion of deficiencies preventing such a meeting. The interpretation of the provisions relating to the preparatory session appointed in order to make good formal irregularities of the lawsuit raises many questions. They relate in particular to the possibility of holding such a meeting without the participation of the defendant and the need to serve the defendant a copy of the lawsuit prior to the meeting. Analysing the rules governing the service of the lawsuit tends to result in doubts about the advisability of imposing on employee a new requirement of delivering this copy by the bailiff.