Legislator Case Law & Legislation
I PKN 560/97 AI generated

Supreme Court dismisses guarantee bill liability for employee termination due to specific labor law exclusions.

Case Number I PKN 560/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the cassation appeal regarding an employee's liability for a guarantee bill issued upon early contract termination. The court found that the labor law provides an exhaustive compensation scheme for unjustified terminations, rendering civil law guarantees and specific compensation claims inapplicable. Consequently, the court ruled the guarantee bill invalid and ordered the plaintiff to bear the costs of the cassation proceedings.

Legislator headnote

AI generated

Art. 55 § 1 KP; Art. 61 § 1 KP; Art. 300 KP; Art. 18 § 2 KP; Art. 11 KP: When labor law provides an exhaustive compensation scheme for unjustified employee termination, civil law guarantees and additional compensation claims are invalid as they contradict the specific statutory regulation and the principle of freedom of employment.

Keywords

AI generated
guarantee bill validity unjustified termination labor law exclusions employee compensation freedom of employment civil law application exhaustive regulation

Cited Legislation

AI generated
Art. 55 § 1 KP
Art. 61 § 1 KP
Art. 300 KP
Art. 18 § 2 KP
Art. 11 KP
Art. 393 § 1 KPC
Art. 393 § 3 KPC
Art. 393 § 12 KPC

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