Supreme Court dismissed appeal, ruling appointment-based employment under state enterprise law is distinct from contract law.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding his termination upon the commercialization of a state enterprise. The court held that the plaintiff's employment as a deputy director was established solely by appointment under a specific state enterprise statute, which the court interpreted as a separate legal basis distinct from standard employment contracts. Consequently, the employment relationship expired by operation of law when the state enterprise was removed from the register, rather than transferring to the new limited liability company.
Legislator headnote
AI generatedArt. 44 ust. 1 ustawy o przedsiębiorstwach państwowych; Art. 68 § 1 Kodeksu pracy: The employment relationship of a deputy director of a state enterprise established by appointment is governed by a separate legal basis distinct from standard employment contracts and does not automatically transform into a contractual relationship upon privatization.