I PKN 6/97
AI generated
Three-month temporary arrest absence terminates employment by operation of law regardless of employer notification.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal regarding the termination of his employment contract. The court held that a three-month absence due to temporary arrest automatically terminates the employment relationship by operation of law under Article 66 of the Labor Code. Consequently, the employee's claim to be reinstated was inadmissible as the termination had already legally occurred.
Legislator headnote
AI generatedArt. 66 § 1 KP; Art. 69 KP; Art. 224 KPK: A three-month absence from work due to temporary arrest results in the automatic termination of the employment relationship by operation of law, rendering subsequent employer notifications of termination legally ineffective and making a claim for reinstatement inadmissible.
Keywords
AI generated
temporary arrest absence
termination by operation of law
employment contract termination
labor code provisions
reinstatement claim inadmissible
Cited Legislation
AI generatedArt. 66 § 1 KP
Art. 69 KP
Art. 70 KP
Art. 224 KPK
Art. 393 § 1 KPC
Art. 98 § 1 KPC