I PKN 34/97
AI generated
Appointed public employee's transfer with consent does not convert appointment contract to employment contract.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a municipal official seeking reinstatement after termination. The lower courts found that the official remained an appointed employee after accepting a new role within the reorganized department with the mayor's consent. The court ruled that such a transfer does not transform the appointment relationship into an employment contract under the relevant statute.
Legislator headnote
AI generatedUstawa o pracownikach samorządowych; Kodeks pracy: An appointment of a public employee to a different position with their consent does not constitute a conversion to an employment contract relationship.
Keywords
AI generated
public employee appointment
municipal reorganization
employment contract conversion
consent to transfer
reinstatement claim
dismissal of cassation
labor law statute
Cited Legislation
AI generatedart. 10 of the Act on Public Employees
art. 31 ust. 1 of the Act on Public Employees
art. 45 § 2 of the Code of Civil Procedure
art. 45 § 1 of the Code of Civil Procedure
art. 393 § 12 of the Code of Civil Procedure