Legislator Case Law & Legislation
I PKN 268/97 AI generated

Employer not obliged to accept employee's lighter work proposal unless special law mandates it.

Case Number I PKN 268/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against the dismissal of his labor contract. The plaintiff argued that his health condition prevented him from performing heavy work and demanded a transfer to lighter duties, citing his long service record. The court held that an employer has no general obligation to accept such a proposal absent specific statutory requirements and that the dismissal was justified by the employee's inability to perform the work.

Legislator headnote

AI generated

Art. 45 § 1 KP; Art. 8 KP: An employer is not obliged to accept an employee's proposal to transfer them to lighter work unless a special provision mandates such an obligation; a dismissal based on the employee's inability to perform the work due to health reasons does not constitute an abuse of rights.

Keywords

AI generated
labor contract termination health-related inability lighter work transfer employer obligation abuse of rights special statutory provisions dismissal justification

Cited Legislation

AI generated
Art. 45 § 1 KP
Art. 8 KP
Art. 393 § 12 KPC

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