Legislator Case Law & Legislation
I PKN 578/98 AI generated

Employee can claim full civil damages for employer's breach of duty to register residence, no labor law cap applies.

Case Number I PKN 578/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court remanded the case to the appellate court to retry the damages claim. The employee argued that the employer failed to register his residence after the construction project ended, causing him to lose job opportunities abroad. The court held that while the Civil Code allows full damages for such breaches, the Labor Code does not restrict this specific type of loss. Consequently, the general principle limiting damages for voluntary contract termination does not apply here because the loss stemmed from a distinct breach of duty unrelated to the contract's dissolution.

Legislator headnote

AI generated

Art. 471 KC; Art. 300 KP: An employee may claim full compensation under the Civil Code for damages resulting from an employer's failure to perform contractual duties, as the Labor Code does not establish a general principle limiting such compensation.

Keywords

AI generated
full compensation claim employer duty to register Labor Code limitations Civil Code damages residence registration obligation loss of employment opportunity contract termination distinction

Cited Legislation

AI generated
Art. 471 KC
Art. 300 KP
Art. 8 KP
Art. 58 KP
Art. 393 KPC
Art. 108 § 2 KPC

Cited Case Law

AI generated
I PR 323/90

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