Legislator Case Law & Legislation
I PKN 565/99 AI generated

Starting vacation leave counts as returning to work, preventing termination without notice under Polish Labor Code.

Case Number I PKN 565/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employer against a labor court ruling that terminated an employee's contract without notice. The employee had been sick for over five months and requested vacation leave, which the employer agreed to start on a specific date. The court held that taking agreed-upon vacation leave is legally equivalent to returning to work, thereby removing the grounds for termination without notice under the Labor Code.

Legislator headnote

AI generated

Art. 53 § 3 KP; Starting vacation leave is equivalent to returning to work, meaning the employee is no longer absent due to illness and the employer cannot terminate the contract without notice.

Keywords

AI generated
vacation leave returning to work termination without notice labor code sickness absence employee rights labor dispute

Cited Legislation

AI generated
Art. 53 § 3 KP
Art. 53 § 1 pkt 1 lit. b KP
Art. 233 § 1 KPC
Art. 382 KPC
Art. 393 § 12 KPC
Art. 98 § 1 KPC
Art. 102 KPC

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