Legislator Case Law & Legislation
I PKN 317/98 AI generated

Supreme Court allows termination by mutual agreement based on future events like plant closure.

Case Number I PKN 317/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a regional court's decision to reject the plaintiff's claim for reinstatement and back pay. The plaintiff, a telephone operator, agreed to terminate her employment by mutual agreement upon the future closure of her manual switchboard, which was planned for late 1996 but delayed until 1997. The court ruled that the statutory provisions on termination for employer reasons apply mutatis mutandis to mutual agreements, permitting the termination date to be set as a future event rather than requiring the event to exist at the time of the agreement.

Legislator headnote

AI generated

Art. 1 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; Art. 11 tej ustawy; Art. 393 § 12 k.p.c. - The provisions governing termination of employment for employer reasons apply mutatis mutandis to mutual agreements, allowing the termination date to be defined as a future event such as the closure of a workplace.

Keywords

AI generated
termination mutual agreement employer reasons future event termination workplace closure labor law interpretation

Cited Legislation

AI generated
Act of 28 December 1989 on Special Rules for Termination of Employment for Employer Reasons
Civil Code
Code of Civil Procedure

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