Supreme Court allows reinstatement for fixed-term contract termination without specific termination clause via analogy.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland partially allowed the plaintiff's claim for reinstatement after a fixed-term employment contract was terminated by the employer without a specific termination clause. The court found that while Article 50 of the Labor Code did not apply, the situation required analogical application of Article 56 in conjunction with Article 59 of the same code. Consequently, the court ordered the employer to reinstate the employee because a long period remained until the contract's natural expiration, ruling that damages were insufficient given the duration.
Legislator headnote
AI generatedArt. 50 § 3 i 4 KP; Art. 33 w zw. z Art. 30 § 1 pkt 4 KP; Art. 56 w zw. z Art. 59 KP: In the absence of a termination clause in a fixed-term employment contract, the court must apply Article 56 in conjunction with Article 59 of the Labor Code via analogy, granting reinstatement if a significant portion of the contract term remains.