Legislator Case Law & Legislation
I PKN 444/97 AI generated

Labor readiness deadline starts from judgment effectiveness; employer must prove independent causes for delay.

Case Number I PKN 444/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the employee's claim regarding the seven-day readiness deadline. The employee argued the deadline expired due to the employer's failure to clarify the judgment's effectiveness and medical testing requirements. The court ruled that the deadline is a substantive right starting from the judgment's finality, not a procedural one subject to extension, but the employer bears the burden of proving the delay was independent of the employee.

Legislator headnote

AI generated

Art. 48 § 1 KP; Art. 168-172 KPC: The seven-day deadline for declaring readiness to resume work runs from the date the reinstatement judgment becomes effective; it is a substantive term not subject to extension, and the employer must prove the delay occurred due to causes independent of the employee.

Keywords

AI generated
readiness deadline reinstatement judgment substantive term employer burden of proof independent causes labor law procedure casation ruling

Cited Legislation

AI generated
Art. 48 § 1 KP
Art. 168-172 KPC
Art. 81 § 1 KP
Art. 393 § 13 KPC

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