Legislator Case Law & Legislation
I PKN 627/98 AI generated

Court allows claim for readiness pay when employer suspends business without terminating employment contract.

Case Number I PKN 627/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the plaintiff's claim for readiness pay and remanded the case for reconsideration. The plaintiff argued that his own business did not prevent him from being ready to work, while the employer contended that suspending its business eliminated the possibility of such readiness. The court ruled that while the employer's suspension of business is a valid reason for not paying readiness pay, the plaintiff must prove he actively sought re-employment rather than passively waiting.

Legislator headnote

AI generated

Art. 81 § 1 KP; Art. 393 § 1 KPC: The employer's suspension of business activity may justify non-payment of readiness pay, but the employee must demonstrate active efforts to return to work rather than passive waiting.

Keywords

AI generated
readiness pay entitlement suspension of business activity termination of employment contract employee readiness obligation burden of proof allocation labor readiness compensation employer business suspension

Cited Legislation

AI generated
Art. 81 § 1 KP
Art. 393 § 1 KPC
Art. 233 § 1 KPC
Art. 328 § 2 KPC
Art. 224 § 1 KPC
Art. 299 KPC
Art. 382 KPC

Cited Case Law

AI generated

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