Legislator Case Law & Legislation
I PKN 758/99 AI generated

Fixed-term employment contracts for board members do not automatically convert to indefinite terms upon expiration.

Case Number I PKN 758/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after his fixed-term employment contract expired. The lower courts established that the employee, serving as a board member, signed a fixed-term contract which legally transformed into an indefinite-term contract under Article 251 of the Labor Code. The Court rejected the employer's argument that the employee acted in bad faith by knowingly signing a contract that would expire, ruling that the employer must be aware of the mandatory legal consequences of such contracts.

Legislator headnote

AI generated

Art. 251 Kodeksu pracy; Art. 8 Kodeksu pracy: The expiration of a fixed-term employment contract for a board member does not automatically convert it to an indefinite-term contract, and an employer cannot claim bad faith from an employee signing such a contract.

Keywords

AI generated
fixed-term employment contract board member duties labor code conversion bad faith argument reinstatement claim indefinite term contract supreme court cassation

Cited Legislation

AI generated
Art. 251 Kodeksu pracy
Art. 8 Kodeksu pracy
Art. 393 KPC

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