Legislator Case Law & Legislation
I PKN 280/97 AI generated

Dismissal of employee's wage claim when company liquidation eliminates actual work readiness.

Case Number I PKN 280/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal regarding unpaid wages and dismissal from his position. The plaintiff, who was the sole manager and head of the enterprise, sued for wages after the company ceased operations in April 1994. The court ruled that because the company had factually ceased to exist as a workplace, the employee could not claim readiness to work or receive wages for non-existent work. Consequently, the court found no legal basis to support the plaintiff's request for compensation under the relevant labor code provisions.

Legislator headnote

AI generated

Art. 81 § 2 Kodeksu Pracy; Art. 8 KP: When a workplace factually ceases operations, the employee cannot claim readiness to work or receive wages for non-existent work, as the legal basis for such claims disappears upon the cessation of the enterprise's activity.

Keywords

AI generated
readiness to work cessation of business wage claim dismissal sole shareholder manager labor code provisions non-existent workplace abuse of rights

Cited Legislation

AI generated
Art. 81 § 2 Kodeksu Pracy
Art. 8 Kodeksu Pracy
Art. 262 pkt 3 Kodeksu Handlowego
Art. 263 pkt 1 Kodeksu Handlowego
Art. 199 § 2 Kodeksu Handlowego
Art. 203 Kodeksu Handlowego
Art. 81 § 1 Kodeksu Pracy
Art. 393 § 1 Kodeksu Postępowania Cywilnego

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