Legislator Case Law & Legislation
I PKN 557/99 AI generated

Employer's refusal to accept employee's voluntary resignation offer was not a serious breach of duties.

Case Number I PKN 557/99
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 his employer's refusal to accept a voluntary resignation offer. The court found that the employee had seriously breached his duties by failing to report for work and taking a new job without justification after being informed of the employer's disagreement with the resignation terms. Consequently, the employer's decision to terminate the contract without notice was lawful and did not constitute a violation of statutory obligations.

Legislator headnote

AI generated

Art. 55 § 11 Kodeksu pracy; Art. 52 § 1 pkt 1 Kodeksu pracy; The employer's refusal to accept an employee's offer to resolve the employment contract by mutual agreement does not constitute a serious breach of the employer's basic obligations towards the employee when the employee subsequently fails to report for work and takes employment elsewhere.

Keywords

AI generated
voluntary resignation offer serious breach of duties termination without notice mutual agreement contract employee misconduct cassation appeal dismissal labor law obligations

Cited Legislation

AI generated
Art. 55 § 11 Kodeksu pracy
Art. 52 § 1 pkt 1 Kodeksu pracy
Art. 3931 § 2 Kodeksu postępowania cywilnego
art. 30 k.p
art. 52 k.p
art. 48 k.p
art. 30 § 1 pkt 3 k.p
art. 30 § 1 pkt 1 k.p
art. 30 § 3 k.p

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