Supreme Court dismissed appeal; school takeover does not trigger Karta Nauczyciela termination but Labor Code rules apply.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a teacher against a school district's termination of his employment contract. The lower courts found that the transfer of workshops to a new entity rendered the original employer's termination under the Teachers' Charter invalid, instead applying Labor Code provisions regarding consent to withdrawal of resignation. The Court ruled that the new employer's action of placing the teacher in 'inactive status' constituted implied consent to the teacher's retraction of his resignation, thereby legally ending the employment relationship with the original school.
Legislator headnote
AI generatedArt. 20 ust. 1 KNa; Art. 23 § 1 KP: The transfer of a school's workshops to a new employer does not constitute partial liquidation under the Teachers' Charter; instead, the Labor Code applies, and the new employer's acceptance of the employee's retracted resignation terminates the contract.