Legislator Case Law & Legislation
I PKN 297/97 AI generated

Supreme Court allows appeal against dismissal, remanding case to determine if employee accepted new job offer within notice period.

Case Number I PKN 297/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
Labor Code amendment Notice period expiration Employment contract formation Dismissal consequences Silent acceptance offer Remand for facts Labor dispute appeal

Cited Legislation

AI generated
Art. 70 § 2 KP
Art. 71 KP
Art. 22 § 1 KP
Art. 42 § 3 KP
Art. 60 KC
Art. 300 KP
Art. 393 § 1 KPC

Cited Case Law

AI generated
III PZP 47/87
I PRN 51/76
I PZP 5/78
I PRN 117/79
I PRN 16/84

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