Legislator Case Law & Legislation
I PKN 121/00 AI generated

Employer's notice of vacation start does not excuse employee absence without consent.

Case Number I PKN 121/00
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 contract was terminated for unexcused absence. The court found that while the employee had a backlog of vacation days, the employer was not obligated to grant them immediately upon his return from medical leave without mutual agreement. Consequently, the employee's unilateral notification to start vacation did not justify his absence, leading to the lawful termination of his employment contract.

Legislator headnote

AI generated

Art. 163 § 1, 164 § 1, 166, 167 Kodeksu Pracy; Vacation leave is a unilateral act by the employer that requires consent to commence, and unilateral notification by the employee does not excuse absence from work.

Keywords

AI generated
vacation leave commencement employer consent requirement unexcused employee absence termination of employment contract unilateral vacation notice workplace absence justification labor law dispute

Cited Legislation

AI generated
art. 163 § 1 Kodeksu Pracy
art. 164 § 1 Kodeksu Pracy
art. 166 Kodeksu Pracy
art. 167 Kodeksu Pracy
art. 393 § 1 Kodeksu Postępowania Cywilnego

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text