Supreme Court dismissed appeal; 14-day employment start rule applies from paid leave end, not extended leave.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against a labor court ruling that awarded the plaintiff partial compensation for wage differences. The plaintiff argued he was unlawfully employed at a lower position after returning from work abroad, claiming the 14-day employment deadline should start from the end of his extended paid leave. The court found the lower court erred in not extending the deadline to cover the unpaid leave period, as such an interpretation would create a logical paradox regarding the obligation to work during leave. However, the court also determined the plaintiff had implicitly agreed to the job change and lower pay by accepting and working in the new position for years without objection, thus upholding the dismissal of the appeal.
Legislator headnote
AI generated§ 4 pkt 3 rozporządzenia Rady Ministrów z dnia 27 grudnia 1974 r.; § 10 ust. 4 tego rozporządzenia: The 14-day period for resuming employment after work abroad is calculated from the end of the paid leave, not the extended leave, and a change in position and salary is valid if accepted by the employee through performance of the new duties.