Labor contract termination by employer declaration invalidates employee's subsequent resignation declaration due to timing and corporate governance rules.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim to correct his employment certificate, ruling that the employer's termination declaration was legally effective. The employer terminated the contract on June 29, 2016, while the plaintiff's resignation declaration only reached the company's management on July 1, 2016. Since the employer's declaration preceded the plaintiff's notice and was directed to the proper corporate organ, the court found the employer's action valid and the plaintiff's attempt to unilaterally terminate the contract ineffective.
Legislator headnote
AI generatedArt. 52 Kodeksu pracy; Art. 55 Kodeksu pracy: An employer's declaration of contract termination is effective if communicated to the employee before the employee's own declaration of termination reaches the employer's competent organ, rendering the employee's subsequent resignation declaration ineffective.