Legislator Case Law & Legislation
I PKN 172/98 AI generated

Supreme Court dismissed teacher's appeal, ruling non-medical breaks exceeding three months break continuous service for automatic appointment.

Case Number I PKN 172/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court's rejection of her request for a written confirmation of automatic teacher appointment. The plaintiff argued that her 12 years of teaching experience, including breaks, qualified her under the Teacher's Charter, while the opposing school contended that breaks unrelated to illness or specific leave interrupted the required continuous service. The court ruled that only breaks due to illness or non-vacation leave lasting no more than three months count toward continuous service, and longer breaks extend the required period, thereby denying the plaintiff's automatic appointment status. Consequently, the court held that the plaintiff failed to meet the statutory requirements for appointment without a specific license.

Legislator headnote

AI generated

art. 10 ust. 2 pkt 7 Karty Nauczyciela; The period of continuous work for automatic appointment includes only breaks due to illness or non-vacation leave not exceeding three months, with longer breaks extending the required service period.

Keywords

AI generated
automatic teacher appointment continuous service period Teacher's Charter provisions non-medical employment breaks pedagogical license requirements

Cited Legislation

AI generated
art. 10 ust. 2 pkt 7 Karty Nauczyciela
art. 393 12 KPC

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