Supreme Court reverses lower court for misapplying Article 25-1 of Labor Code regarding contract extension.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal and remanded the case for retrial. The lower court incorrectly applied Article 25-1 of the Labor Code by assuming any mutual extension of fixed-term contracts constitutes an evasion of the indefinite term rule. The court clarified that the statute specifically governs the legal effect of concluding new fixed-term contracts, not the simple extension of an existing agreement by mutual consent. Consequently, the second-instance court erred in law by failing to distinguish between these two scenarios and by not making necessary factual findings regarding the employer's motives.
Legislator headnote
AI generatedArt. 25 ust. 1 Kodeksu pracy; Art. 393 § 13 pkt 1 Kodeksu postępowania cywilnego: The provision on the legal equivalence of successive fixed-term contracts applies only to the conclusion of new agreements, not to the mutual extension of an existing contract, requiring a separate factual analysis to determine if such extension evades the law.