Legislator Case Law & Legislation
I PKN 480/97 AI generated

Supreme Court dismisses dismissal of appointed public employee's terms under Labor Code Art. 42.

Case Number I PKN 480/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the dismissal of an appointed public employee's employment terms. The plaintiff argued that the employer violated the Labor Code by terminating conditions of work for a mianowany (appointed) employee, while the defendant claimed organizational changes justified the action. The court ruled that such dismissals are impermissible because appointment creates a specific employment relationship distinct from contractual agreements, and the statutory provisions do not allow for terminating terms without specific grounds.

Legislator headnote

AI generated

Art. 42 Kodeksu Pracy; Art. 10 ust. 1 pkt 2 ustawy z 22 marca 1990 r.; The dismissal of working conditions or salary for an appointed public employee is inadmissible as it violates the stability of the appointment-based employment relationship.

Keywords

AI generated
appointed public employee dismissal of terms Labor Code Art. 42 mianowanie employment relationship stability

Cited Legislation

AI generated
Art. 42 Kodeksu Pracy
Art. 10 ust. 1 pkt 2 ustawy z 22 marca 1990 r.

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