Legislator Case Law & Legislation
I PKN 303/99 AI generated

Employee's intent to take new job does not constitute implied resignation from existing employment contract.

Case Number I PKN 303/99
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 regional court's finding of implied contract termination. The employee had declared an intent to work at a new school while still employed, which the opposing party argued constituted a sufficient manifestation of will to resign. The court held that such a declaration lacked the necessary clarity regarding the specific date and method of termination, as the new job did not exist at the time of the declaration. Consequently, the court ruled that the employee's actions did not legally demonstrate a clear intent to end the existing employment relationship without notice.

Legislator headnote

AI generated

Art. 60, 65 § 1 Kodeksu cywilnego; The manifestation of will to terminate an employment contract must be clear regarding the date and method of termination, and mere intent to seek new employment does not constitute an implied resignation.

Keywords

AI generated
implied resignation employment contract termination manifestation of will employee intent clear declaration requirement

Cited Legislation

AI generated
Art. 60 Kodeksu cywilnego
Art. 65 § 1 Kodeksu cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego

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