I PKN 565/99
AI generated
Starting vacation leave counts as returning to work, preventing termination without notice under Polish Labor Code.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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