Supreme Court dismissed extraordinary review, ruling work in parents' farm before transfer to brother does not count for tenure.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review regarding a teacher's claim to include work in her parents' farm into her professional tenure. The lower courts found that while the plaintiff worked in her parents' farm from 1970 to 1979, her parents transferred full ownership to her brother in 1979, and she only acquired a share of the farm from him in 1993. The court held that the statute requires the farm to belong to the parents or in-laws at the time of taking over, making the intervening transfer to the brother a disqualifying factor.
Legislator headnote
AI generatedArt. 1 ust. 1 pkt 2 ustawy z dnia 20 lipca 1990 r. o wliczaniu okresów pracy w indywidualnym gospodarstwie rolnym do pracowniczego stażu pracy; The provision applies only to work in farms owned by parents or in-laws at the time of taking over, excluding periods where ownership was transferred to third parties prior to the employee's acquisition.