
Particularly protected employees are extremely vulnerable to termination of employment relationships. Therefore, it is essential to grant them a broader guarantee of employment in the provisions of substantive and procedural labor laws. The court’s reference to the clause of the principles of social coexistence, especially in relation to these employees, should be applied extremely carefully, taking into account all the circumstances of a particular case and the so-called „clean hands” rule rooted in tradition. On the other hand, the introduction of Article 755⁵ of the Code of Civil Procedure into the procedural law system in the form of security for the claims of a particularly protected employee by obliging the employer to employ him until the judgement is valid raised the question of the very limited scope of the court’s competence in the case of obligatory nature of its ruling. Against the background of this new regulation, the problem of the shape of the employment relationship, the possibility of modifying it and the related consequences in terms of the rights and obligations of the employee and the employer also arose.