I PKN 164/97
AI generated
Supreme Court dismissed cassation allowing temporary appointment to return to indefinite-term employment after expiration.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a public health station against a lower court ruling. The lower courts found that a temporary appointment to a higher position did not terminate the plaintiff's underlying indefinite-term employment contract, which was merely suspended. Consequently, the court held that upon the temporary appointment's expiration, the employee had a right to return to their original position, and the original contract was reactivated.
Legislator headnote
AI generatedArt. 11, Art. 69, Art. 70 § 1, § 1 2 i § 2 KP; A temporary appointment to a different position does not terminate an existing indefinite-term employment contract if the parties' will indicates a return to the original role upon the temporary period's expiration.
Keywords
AI generated
temporary appointment
indefinite term contract
return to original post
suspension of employment
labor law cassation
public service employment
contract reactivation
Cited Legislation
AI generatedArt. 11 KP
Art. 69 KP
Art. 70 § 1 KP
Art. 70 § 1 2 KP
Art. 70 § 2 KP
Art. 393 § 12 KPC