Legislator Case Law & Legislation
III ZP 35/98 AI generated

Employee can declare work readiness after non-final reinstatement order due to immediate enforceability rule.

Case Number III ZP 35/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Art. 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 generated
art. 388 § 1 KPC
art. 48 § 1 KPC
art. 390 § 1 KPC
art. 391 KPC
art. 1050 KPC
art. 1065 KPC

Cited Case Law

AI generated
V PZP 12/76

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