I PKN 123/97
AI generated
Supreme Court dismisses compensation claim for shortened notice period, requiring employer and employee intent.
Legislator summary
AI generatedThe Supreme Court partially overturned the appellate court's dismissal of a compensation claim regarding a shortened notice period. The plaintiff argued that the employer acted in error, but the court found no evidence of such mistake. Consequently, the case was remanded to the lower court to determine if the employer's intent was required for the shortened notice to be valid.
Legislator headnote
AI generatedArt. 36 § 1 item 1 of the Labour Code; Art. 49 of the Labour Code: A shortened notice period requires the employer's will and awareness, and if not met, the contract terminates after the full period with compensation.
Keywords
AI generated
shortened notice period
employer intent requirement
employee awareness
compensation claim
contract termination
labour code provisions
remand for retrial
Cited Legislation
AI generatedArt. 36 § 1 item 1 of the Labour Code
Art. 49 of the Labour Code
Art. 60 of the Labour Code
Art. 84 § 1 and 88 of the Civil Code
Art. 300 of the Labour Code
Art. 393 § 13 and 15 of the Code of Civil Procedure