Supreme Court allows appeal against dismissal, remanding case to determine if employee accepted new job offer within notice period.
Legislator summary
AI generatedThe Supreme Court of Poland quashed the lower court's dismissal of the plaintiff's claim to be reinstated to work. The plaintiff argued that a new employment contract was validly formed when the employer offered new terms during the notice period, which the lower courts incorrectly rejected. The court held that the 1989 amendment to the Labor Code removed barriers to forming a new contract after the notice period, provided the employee accepted the offer within that timeframe. Since the first-instance court failed to ascertain whether the employee accepted or rejected the offer before the notice period expired, the case was remanded for factual clarification.
Legislator headnote
AI generatedArt. 70 § 2 KP; Art. 71 KP: Following the 1989 amendment, parties may conclude a new employment contract after the notice period equivalent to dismissal, provided the employee accepts the employer's offer within that period.