“It was meant to guarantee security, but it has become an impassable barrier. Article 39 of the Labor Code—the so-called “”pre-retirement protection””—often pushes people over 50 out of the market instead of helping them. Zuzanna Staszewska-Jedynasty explores this paradox in her latest feature for Business Insider.
The discussion features a vital perspective from Agnieszka Operhalska, co-founder of our Foundation, who explains why current regulations are harming both sides of the labor market.”
Protection That… Prevents Employment
The article analyzes the mechanism that turns experienced candidates into a perceived “risk” for companies:
Fear of Long-term Commitment: Employers are often hesitant to hire individuals approaching the protected age, knowing they cannot terminate the contract for four years—even if the company’s situation changes drastically.
Pre-emptive Layoffs: Companies sometimes let workers go just before they enter the protected period to avoid future workforce rigidity.
Expert Insight: A System of Interconnected Vessels
Agnieszka Operhalska highlights the dramatic consequences this mechanism has for candidates:
The “Brick Wall” Effect: Experienced specialists who find themselves out of work often hit a wall when trying to re-enter the market.
Small Business Struggles: The text cites the story of a small company where the inability to part ways with a protected employee during a crisis became a barrier to growth and even a fight for the business’s survival.
Time for Smart Solutions
Business Insider discusses concrete proposals, such as optional “pre-retirement contracts” or flexible working hours, which could replace the rigid ban on dismissals. The goal is a system where age is an asset, not a legal liability.
“An aging society is a challenge, but also an opportunity. If we create flexible regulations, we can harness the potential of the 50+ generation instead of letting them disappear from the labor market,” concludes Agnieszka Operhalska.
This is an essential voice in the debate on necessary changes to labor law. We highly recommend reading the full analysis!
Read the full article on Business Insider (Polish): Click
