Legislator Case Law & Legislation
I PKN 753/99 AI generated

Employer cannot simultaneously refuse re-employment and terminate contract for failure to report readiness within 7 days.

Case Number I PKN 753/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
Labor Code Reinstatement Termination without notice Readiness to work Employment relationship Supreme Court Cassation proceedings

Cited Legislation

AI generated
Art. 48 § 1 KP
Art. 52 § 1 pkt 1 KP
Art. 49 § 1 KP
Art. 393 § 1 KPC

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