Legislator Case Law & Legislation
I PKN 495/99 AI generated

Invalid fixed-term contract change via dismissal remains valid and enforceable under Polish labor law.

Case Number I PKN 495/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by three employees against a theater regarding their employment contracts. The employees argued that a unilateral change from indefinite to fixed-term contracts via dismissal was invalid and should be reversed. The court held that such a dismissal is legally effective and that the employees' failure to object for years while signing new contracts confirmed the validity of the arrangement.

Legislator headnote

AI generated

Art. 42 KP; Art. 29 KP: A unilateral dismissal changing an indefinite-term employment contract to a fixed-term one is legally effective, and the employee's subsequent acceptance of new fixed-term contracts validates the change.

Keywords

AI generated
unilateral dismissal fixed term contract indefinite term contract labor law validity employee acceptance cassation appeal labor dispute

Cited Legislation

AI generated
Art. 42 KP
Art. 29 KP
Art. 77 KC
Art. 300 KP
Art. 264 KP
Art. 3931 KPC

Cited Case Law

AI generated

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