I PKN 364/98
AI generated
Employee's unilateral vacation start without employer consent constitutes unjustified absence and valid dismissal grounds.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal seeking reinstatement after his employer terminated his contract due to unjustified absence. The court found that although the employee was not included in the annual vacation plan due to long-term illness, he could not unilaterally decide to start his vacation without the employer's consent. Consequently, the court ruled that his abrupt departure and failure to return to work constituted a serious breach of duties justifying the dismissal.
Legislator headnote
AI generatedArt. 163 § 1 KP; Art. 52 § 1 KP: An employee's right to unused vacation does not grant the right to choose the start date unilaterally; taking vacation without employer consent constitutes unjustified absence and a serious breach of duties.
Keywords
AI generated
unjustified absence
serious breach of duties
vacation plan
employer consent
dismissal without notice
labor law
cassation appeal
Cited Legislation
AI generatedArt. 163 § 1 KP
Art. 52 § 1 KP
Art. 152 § 1 KP
Art. 168 KP
Art. 233 § 1 KPC
Art. 393 § 12 KPC