Employer cannot simultaneously refuse re-employment and terminate contract for failure to report readiness within 7 days.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's judgment, ordering a retrial on the costs of the cassation proceedings. The employer had terminated the employee's contract without notice, claiming she failed to report her readiness to resume work within seven days of being reinstated by the labor court. The court found this interpretation of the Labor Code erroneous because the employer's own termination of the contract logically presupposed the restoration of the employment relationship, which contradicted the finding that no such restoration occurred.
Legislator headnote
AI generatedArt. 48 § 1 KP; Art. 52 § 1 pkt 1 KP: An employer cannot simultaneously refuse to re-employ a worker and terminate the employment contract without notice based on the worker's failure to report readiness to work within the statutory period, as such termination presupposes the restoration of the employment relationship.