III ZP 35/98
AI generated
Employee can declare work readiness after non-final reinstatement order due to immediate enforceability rule.
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether an employee could declare readiness to work after a non-final reinstatement order. The court found that under the new Civil Procedure Code, such orders are immediately enforceable because they impose a specific obligation on the employer. Consequently, the seven-day deadline for declaring work readiness begins from the date of the second-instance judgment, not its finality.
Legislator headnote
AI generatedArt. 388 § 1 KPC; Art. 48 § 1 KPC: A judgment ordering reinstatement is immediately enforceable due to its content, meaning the period for declaring work readiness starts from the judgment date regardless of its finality.
Keywords
AI generated
immediate enforceability
reinstatement order
work readiness declaration
second instance judgment
Civil Procedure Code
non-final judgment
employer obligation
Cited Legislation
AI generatedart. 388 § 1 KPC
art. 48 § 1 KPC
art. 390 § 1 KPC
art. 391 KPC
art. 1050 KPC
art. 1065 KPC
Cited Case Law
AI generatedV PZP 12/76