Supreme Court dismissed extraordinary review; fixed-term contract dates did not imply indefinite intent.
Polen (PL)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the extraordinary review regarding a dispute over severance pay and unused vacation compensation. The plaintiff argued that a fixed-term contract ending in December 1991 should be deemed indefinite due to the employer's later proposal for a longer duration. The court held that since both parties explicitly agreed to a fixed term, no presumption of an indefinite contract applies, and the plaintiff's right to severance did not arise from the contract's expiration.
Legislator-Regeste
KI-generiertArt. 1, Art. 7a, Art. 10 ust. 1, Art. 11 of the Act on Special Rules for Termination of Employment; Art. 65 of the Civil Code; Art. 300 of the Code of Civil Procedure: Where parties explicitly agree to a fixed-term employment contract, the specific end date precludes a legal presumption of an indefinite-term contract, and the right to severance arises only upon termination by the employer or mutual agreement, not from the natural expiration of the agreed term.