Legislator Case Law & Legislation
I PKN 58/00 AI generated

Labor contract termination by mutual agreement requires explicit agreement on the termination date; unilateral employer offers without employee acceptance are ineffective.

Case Number I PKN 58/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a dispute over the termination of a labor contract by mutual agreement. The employee had offered to terminate the contract on June 30, 1998, but later withdrew this offer after the employer delayed the settlement process. The court ruled that the employee did not accept the employer's subsequent offer to terminate the contract after full financial reconciliation, as she continued working and performing reconciliation duties. Consequently, the court held that no mutual agreement on termination existed because the specific date was never agreed upon by both parties.

Legislator headnote

AI generated

Art. 300 § 1 pkt 1 k.p.; Art. 30 § 1 pkt 1 k.p.: A proposal to terminate a labor contract by mutual agreement constitutes an offer that requires explicit acceptance by the employee, including agreement on the termination date; a unilateral employer offer without such acceptance does not result in termination.

Keywords

AI generated
labor contract termination mutual agreement employee acceptance termination date cassation appeal employer offer reconciliation duties

Cited Legislation

AI generated
Art. 300 § 1 pkt 1 k.p.
Art. 30 § 1 pkt 1 k.p.
Art. 30 § 1 pkt 2 k.p.
Art. 45 k.p.
Art. 100 § 1 k.p.
Art. 52 § 1 pkt 1 k.p.
Art. 393 § 12 k.p.c.
Art. 98 k.p.c.

Cited Case Law

AI generated
I PR 279/90

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