Legislator Case Law & Legislation
I PKN 260/97 AI generated

Fixed-term employment contract retains character upon transfer unless parties convert it to open-ended.

Case Number I PKN 260/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former liquidator against a transfer of employment. The plaintiff argued that his fixed-term contract with the liquidated cooperative should have continued with the acquiring entity under specific labor law provisions. The court found that the plaintiff's claim regarding the continuity of the fixed-term nature was not substantiated by the evidence presented in the cassation. Consequently, the appeal was rejected as it lacked justified grounds under the relevant procedural code.

Legislator headnote

AI generated

Art. 23 § 1 ust. 2 Kodeksu Pracy; Art. 393 § 1 pkt 2 Kodeksu Postępowania Cywilnego: A fixed-term employment contract retains its character when transferred to an acquiring entity unless the parties convert it to an open-ended contract; procedural errors regarding witness testimony do not justify cassation if unrelated to the core claim.

Keywords

AI generated
fixed-term employment contract transfer of business liquidation of company cassation appeal labor law provisions procedural error witness testimony

Cited Legislation

AI generated
Art. 23 § 1 ust. 2 Kodeksu Pracy
Art. 393 § 1 pkt 2 Kodeksu Postępowania Cywilnego
Art. 393 § 2 Kodeksu Postępowania Cywilnego

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