Legislator Case Law & Legislation
I PKN 715/99 AI generated

Supreme Court dismisses cassation, ruling Civil Code Art. 385 does not apply to employment regulations.

Case Number I PKN 715/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court decision rejecting her request to be reinstated to her job. The plaintiff argued that the employer's dismissal for attempted theft violated her rights under Civil Code Article 385 regarding the binding force of internal regulations. The court held that Article 385 governs civil contracts, not employment relationships, and therefore does not apply to the validity of work regulations or internal acts under the Labor Code.

Legislator headnote

AI generated

Art. 385 KC; Art. 9 § 1 KP: The provisions of Article 385 of the Civil Code do not apply to the assessment of the validity and binding force of work regulations and other internal legal acts in employment relationships, which are governed by the Labor Code.

Keywords

AI generated
Civil Code Article 385 Labor Code Article 9 employment contract internal regulations cassation appeal dismissal for misconduct binding force of rules

Cited Legislation

AI generated
Art. 385 KC
Art. 9 § 1 KP
Art. 52 § 1 KP
Art. 381 KPC
Art. 393 § 11 KPC
Art. 393 § 12 KPC
art. 38573 K.C

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