Legislator Case Law & Legislation
I PKN 215/99 AI generated

Labor contract probation clause void for evading law renders agreement indefinite unless both parties intended fixed term.

Case Number I PKN 215/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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

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