Polish Supreme Court allows 'at request' leave if requested by end of workday per company custom.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court of Poland overturned a lower court's dismissal of a miner's request to return to work, ruling that the employer's termination was premature. The employee had requested leave on the day after his scheduled return, citing a company custom allowing such requests up to 9:00 AM the following day. The court held that while the law requires leave requests by the start date, established workplace practices can extend this deadline, making the employee's absence justified.
Legislator-Regeste
KI-generiertArt. 1672 k.p.; Art. 152 § 1 i 2 k.p.; Art. 161 k.p.; Art. 163 § 1 i 2 k.p.; Art. 164 § 1 i 2 k.p.; Art. 398 § 1 k.p.c.: The statutory deadline for requesting 'at request' leave is the day of its commencement, but established company customs or regulations may validly extend this deadline to a later time.