Supreme Court holds Art. 177 KP inapplicable to pregnant teacher's inactivity transfer, requiring Art. 8 KP assessment.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of a pregnant teacher's claim regarding her transfer to inactivity status. While the court found the transfer legally valid under specific teacher statute provisions, it ruled that the employer must evaluate the situation under the general principles of social coexistence. The decision emphasizes that pregnancy does not automatically invalidate a transfer but requires a case-specific analysis of the employer's changed circumstances and social norms.
Legislator headnote
AI generatedArt. 177 § 1 Kodeksu pracy; Art. 8 Kodeksu pracy: The statutory provision for invalidating a transfer to inactivity status does not apply to a pregnant teacher; instead, the situation must be assessed based on the principles of social coexistence.