Supreme Court voids dismissal for backdated termination date violating employee's right to return to work.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the employee's claim to return to work due to procedural flaws in the termination notice. The employer attempted to terminate the contract retroactively to a date before the formal declaration of termination was delivered to the employee. The court ruled that such a retroactive effect is legally invalid because the termination declaration only takes effect upon delivery, not from a past date. Consequently, the dismissal was declared void, allowing the employee to legally demand reinstatement.
Legislator headnote
AI generatedArt. 52 § 1 pkt 1 KP; Art. 61 KC w związku z art. 300 KP: A termination declaration by an employer cannot have a retroactive effect dating the termination to a time prior to its delivery to the employee, as the legal consequence arises only upon the employee's ability to become acquainted with the declaration's content.