Supreme Court dismisses employee's claim to return to former position after accepting new fixed-term contract.
Legislator summary
AI generatedThe 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 generatedArt. 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.