Legislator Case Law & Legislation
I PKN 289/98 AI generated

Supreme Court dismissed cassation regarding voluntary change from indefinite to fixed-term employment contract under Labor Code.

Case Number I PKN 289/98
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 ruling that upheld a change from an indefinite-term to a fixed-term employment contract. The plaintiff argued this violated her statutory rights to indefinite employment, while the court found the change resulted from the mutual agreement of both parties. The court ruled that such agreements do not contravene the Labor Code, which only prohibits clauses restricting statutory employee protections like vacation or pay.

Legislator headnote

AI generated

Art. 18 § 1 Kodeksu pracy; Art. 11 Kodeksu pracy: A mutual agreement between employer and employee to change the type of work or duration of the contract does not violate the Labor Code, provided it does not restrict statutory employee rights.

Keywords

AI generated
Labor Code indefinite term contract fixed term contract mutual agreement change of employment cassation appeal employee rights

Cited Legislation

AI generated
Art. 18 § 1 Kodeksu pracy
Art. 11 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego

Cited Case Law

AI generated

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