Legislator Case Law & Legislation
I PKN 518/99 AI generated

Supreme Court dismissed appeal, ruling appointment-based employment under state enterprise law is distinct from contract law.

Case Number I PKN 518/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
state enterprise privatization appointment based employment employment relationship termination commercialization of state enterprises distinct legal basis labor law interpretation cassation appeal dismissal

Cited Legislation

AI generated
Art. 44 ust. 1 of the Act of 25 September 1981 on State Enterprises
Art. 68 § 1 of the Code of Labour Relations
Art. 6 ust. 3 of the Act of 30 August 1996 on the Commercialization and Privatization of State Enterprises
Art. 8 ust. 1 of the Act of 2 February 1996 on amending the Code of Labour Relations
Art. 393 of the Code of Civil Procedure
Art. 102 of the Code of Civil Procedure

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