Legislator Case Law & Legislation
I PKN 116/99 AI generated

Polish Supreme Court dismissed appeal; refusal of new work terms terminates contract automatically.

Case Number I PKN 116/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee against a labor court ruling. The employee had refused a proposed sales position due to health issues, while the employer argued this refusal triggered an automatic contract termination under Article 42 of the Labor Code. The court held that the refusal of new working conditions effectively ended the employment relationship regardless of the employee's intent, and thus the lower court's decision was correct.

Legislator headnote

AI generated

Art. 42 § 3 zd. 1 Kodeksu pracy; Art. 393 § 1 Kodeksu postępowania cywilnego: Refusal of proposed working conditions or wages causes the employment contract to terminate upon expiration of the notice period, irrespective of the employee's intent.

Keywords

AI generated
termination of employment contract refusal of working conditions notice period expiration labor code provisions cassation appeal dismissal employee health refusal automatic contract dissolution

Cited Legislation

AI generated
Art. 42 § 3 zd. 1 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego
Art. 174 § 1 pkt 4 Kodeksu postępowania cywilnego

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