Legislator Case Law & Legislation
I PKN 482/97 AI generated

Supreme Court dismissed appeal; promised employment contract requires specific terms and cannot be inferred from temporary duties.

Case Number I PKN 482/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's appeal against a lower court order to conclude an employment contract. The plaintiff argued that the mayor's declaration created a binding preliminary agreement for a permanent position with specific qualifications and salary. The court held that the declaration lacked essential terms and that temporary duties during a dismissal period do not constitute a binding preliminary contract.

Legislator headnote

AI generated

Art. 389, 390 KC; Art. 65 KC; Art. 300 KP; Art. 71 KP: A declaration of will to conclude an employment contract must contain essential terms and be directed to the other party; temporary employment during a dismissal period does not create a binding preliminary agreement.

Keywords

AI generated
promised employment contract preliminary agreement essential contract terms temporary duties dismissal period employment

Cited Legislation

AI generated
Art. 389 KC
Art. 390 KC
Art. 300 KP
Art. 65 KC
Art. 71 KP
Art. 476 § 1 pkt 1 KPC
Art. 262 § 2 pkt 1 KP
Art. 393 § 15 KPC

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