I PKN 215/99
AI generated
Labor contract probation clause void for evading law renders agreement indefinite unless both parties intended fixed term.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the classification of a labor contract. The lower court found that a probation clause was included to evade statutory protections, thereby invalidating the fixed-term designation and deeming the agreement indefinite. The Supreme Court upheld this factual finding but could not alter the legal consequence due to the prohibition against worsening the appellant's situation on appeal.
Legislator headnote
AI generatedArt. 251 KP; Art. 58 § 1 KC; Art. 300 KP; Art. 384 KPC; Art. 393 § 1 KPC: A labor contract clause designating probation for the purpose of evading legal provisions is void; consequently, the agreement is treated as indefinite unless the parties' intent was to create a fixed-term contract.
Keywords
AI generated
labor contract probation
evading legal provisions
indefinite term contract
cassation appeal
reformationis in peius
Cited Legislation
AI generatedArt. 251 KP
Art. 58 § 1 KC
Art. 300 KP
Art. 384 KPC
Art. 393 § 1 KPC
art. 25 § 2 K.p
art. 251 K.p