Legislator Case Law & Legislation
I PKN 34/99 AI generated

Supreme Court dismissed cassation, ruling termination period length depends on total employment duration until actual contract end.

Case Number I PKN 34/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employer's cassation appeal against a labor court judgment awarding back pay and correcting an employment certificate. The employer argued that employment duration for termination period calculations should end upon the notice date, not the actual termination date, citing civil code provisions. The court rejected this, holding that labor law explicitly governs employment duration and termination periods, which must be calculated from the contract start until the actual end of the relationship after the notice period expires.

Legislator headnote

AI generated

Art. 36 § 1 KP; Art. 32 § 2 KP; The length of the termination period is determined by the total employment duration calculated from the contract's inception until its actual resolution following the expiration of the notice period, excluding the notice period itself.

Keywords

AI generated
termination period length employment duration calculation labor law supremacy notice period expiration contract resolution date cassation dismissal labor code provisions

Cited Legislation

AI generated
Art. 36 § 1 KP
Art. 32 § 2 KP
Art. 61 KC
Art. 89 KC
Art. 116 KC
Art. 300 KP
Art. 30 § 21 KP
Art. 393 § 12 KPC

Cited Case Law

AI generated
I PZP 33/78

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