Temporary appointment does not terminate employment; employee retains claim to reinstatement and back pay.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the extraordinary review, setting aside lower court rulings that dismissed the employee's claim. The court clarified that a temporary appointment to a state enterprise's interim director does not automatically terminate an existing employment contract unless explicitly agreed otherwise. Consequently, the employee retains a right to reinstatement to their previous position and compensation for the period of unavailability.
Legislator headnote
AI generatedArt. 33 ust. 3 ustawy o przedsiębiorstwach państwowych; Art. 22 § 1 k.p.; Art. 81 § 1 k.p.; Art. 421 § 2 k.p.c.; Art. 422 § 2 k.p.c. - The temporary designation of an employee previously employed by the enterprise as an interim director does not constitute a termination of the employment relationship, thereby preserving the employee's right to reinstatement and damages.