Legislator Case Law & Legislation
I PKN 195/98 AI generated

Readiness for work requires an existing employment contract and employee availability to employer.

Case Number I PKN 195/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed Maria K.'s cassation appeal against a labor court ruling that rejected her claim for unpaid wages from the Democratic Party. The court found that K. knew the party's internal power struggle and acted against the will of the competent regional council, which refused to recognize her employment contract with an unauthorized individual. Consequently, the court held that readiness for work under the Labor Code requires a valid employment relationship and the employee's availability to the employer, conditions K. did not meet.

Legislator headnote

AI generated

Art. 81 § 2 KP; Art. 128 § 1 KP: Readiness for work exists only during the existence of a binding employment relationship when obstacles caused by the employer prevent performance, provided the employee remains at the employer's disposal.

Keywords

AI generated
readiness for work employment contract employee availability unauthorized agent labor code provisions

Cited Legislation

AI generated
Art. 81 § 2 KP
Art. 128 § 1 KP
Art. 393 § 12 KPC
Art. 393 § 19 KPC
Art. 98 § 1 KPC
Art. 108 § 1 KPC
Art. 390 KPC

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