I PKN 289/98
AI generated
Supreme Court dismissed cassation regarding voluntary change from indefinite to fixed-term employment contract under Labor Code.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 18 § 1 Kodeksu pracy
Art. 11 Kodeksu pracy
Art. 393 § 12 Kodeksu postępowania cywilnego