Legislator Case Law & Legislation
I PKN 575/99 AI generated

Employment contract renewal requires employer's explicit intent; unauthorized work does not imply new agreement.

Case Number I PKN 575/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a dispute over whether a new employment relationship was established after a fixed-term contract expired. The plaintiff argued that performing duties for several days without the employer's knowledge constituted implied consent to re-employment. The court ruled that such actions, performed without the employer's knowledge, do not demonstrate a mutual intent to renew the contract. Consequently, the court held that the employer's silence and lack of explicit intent precluded the formation of a new employment relationship.

Legislator headnote

AI generated

Art. 11 Kodeksu pracy; Art. 22 § 1 Kodeksu pracy; Art. 29 § 1 Kodeksu pracy: A new employment relationship requires a mutual declaration of will, meaning the employer must have a clear intent to re-employ the worker, and mere unauthorized performance of duties does not constitute such consent.

Keywords

AI generated
employment contract renewal implied consent employment employer intent requirement fixed term contract expiry unauthorized work performance mutual declaration of will labor law cassation

Cited Legislation

AI generated
Art. 11 Kodeksu pracy
Art. 22 § 1 Kodeksu pracy
Art. 29 § 1 Kodeksu pracy
Art. 393 § 1 Kodeksu postępowania cywilnego

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