Legislator Case Law & Legislation
I PKN 1/99 AI generated

Employee dismissed from post during notice period must use vacation leave; no double pay allowed.

Case Number I PKN 1/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal seeking double pay for the notice period while on vacation. The plaintiff argued that being dismissed from a management post meant he had no work obligation and thus deserved full wages for his vacation time. The court ruled that while the employee was exempt from work duties, this did not equate to free time, obligating him to use his accrued vacation leave. Consequently, the employer was not required to pay wages for the period the employee was on vacation.

Legislator headnote

AI generated

Art. 71 KP; Art. 170 KP: The statutory exemption from work performance during notice period for a dismissed employee does not constitute free time; the employee remains obligated to utilize accrued vacation leave, precluding a claim for double remuneration for the same period.

Keywords

AI generated
notice period dismissal vacation leave obligation double remuneration claim exemption from work labor law interpretation

Cited Legislation

AI generated
Art. 71 KP
Art. 170 KP
Art. 167 § 1 KP
Art. 152 § 1 KP
Art. 14 KP
Art. 393 § 1 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text