Legislator Case Law & Legislation
I PKN 431/98 AI generated

Employee dismissed by mutual agreement cannot claim protection if her consent was not flawed.

Case Number I PKN 431/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal against a labor court ruling that terminated her employment by mutual agreement. The court found that the employee knowingly agreed to the termination despite her pregnancy, as she failed to object to factual findings regarding her understanding of social security benefits. Consequently, the court held that the statutory protections for pregnant employees could not apply because the employee's will was not defective.

Legislator headnote

AI generated

Art. 177 § 3 Kodeksu pracy; Art. 84 § 1 Kodeksu cywilnego: An employee cannot successfully invoke protection for pregnant workers if her consent to a mutual termination agreement was not impaired by a defect.

Keywords

AI generated
mutual termination agreement defective consent pregnant employee protection labor law cassation social security benefits employee knowledge labor dispute outcome

Cited Legislation

AI generated
Art. 177 § 3 Kodeksu pracy
Art. 84 § 1 Kodeksu cywilnego
Art. 39311 Kodeksu postępowania cywilnego
Art. 3933 Kodeksu postępowania cywilnego
Art. 39312 Kodeksu postępowania cywilnego

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