Legislator Case Law & Legislation
I PKN 267/97 AI generated

Supreme Court dismisses employee's claim to return to former position after accepting new fixed-term contract.

Case Number I PKN 267/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal seeking reinstatement to her former assistant position and payment for readiness after she accepted a new fixed-term contract as head nurse. The employer argued that signing the new agreement constituted a mutual transformation of the employment relationship, negating any right to return to the previous role. The court agreed, ruling that without a specific contractual clause or custom, the law does not grant employees the right to revert to a former position after accepting a new one.

Legislator headnote

AI generated

Art. 22 § 1 KP; Art. 393 § 15 KPC: When an employee accepts a new fixed-term contract for a different position, the previous employment relationship is transformed by mutual agreement, and no statutory right to return to the former position exists absent a specific contractual provision or custom.

Keywords

AI generated
transformation of employment contract fixed-term employment agreement right to return to position mutual agreement on job change readiness payment claim labor law transformation absence of statutory right

Cited Legislation

AI generated
Art. 22 § 1 KP
Art. 393 § 15 KPC
Art. 56 KC
Art. 300 KP
Art. 74 KP

Cited Case Law

AI generated
I PZP 29/92

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