I PKN 121/00
AI generated
Employer's notice of vacation start does not excuse employee absence without consent.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedart. 163 § 1 Kodeksu Pracy
art. 164 § 1 Kodeksu Pracy
art. 166 Kodeksu Pracy
art. 167 Kodeksu Pracy
art. 393 § 1 Kodeksu Postępowania Cywilnego