Legislator Case Law & Legislation
I PKN 137/98 AI generated

Polish Supreme Court dismissed cassation; employer's agreement to suspend work without vacation pay is valid under Labor Code.

Case Number I PKN 137/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal against a lower court ruling awarding vacation pay to an employee. The employee had not used his statutory vacation before the parties agreed to terminate the contract early, with the employer suspending the employee's work duties instead. The court held that such an agreement is valid and beneficial to the employee, as it avoids the mandatory vacation pay requirement. Consequently, the employer was not required to provide the vacation in kind, and the cassation was rejected.

Legislator headnote

AI generated

Art. 18 § 2 KP; Art. 171 § 1 pkt 1 KP: An agreement between employer and employee to suspend work duties in lieu of unused vacation is valid and does not violate the Labor Code, as it is more favorable to the employee than the statutory requirement for vacation in kind.

Keywords

AI generated
Labor Code vacation pay employment contract termination settlement agreement cassation appeal work suspension statutory vacation

Cited Legislation

AI generated
Art. 18 § 2 KP
Art. 171 § 1 pkt 1 KP
Art. 393 § 1 KPC
Art. 393 § 12 KPC

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