Employer liability for employee's inability to work due to lack of foreign work permit approval under Polish Civil Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellants' cassation appeal while rejecting the employer's appeal, upholding the lower court's partial award of damages. The court found that the employer was liable for the employees' loss of income during the specific period when work permits were pending, but not for the entire two-year contract duration. Consequently, the employer was held responsible only for the 17 days between September and October 1996, as the causal link to the loss of earnings was established solely for that timeframe.
Legislator headnote
AI generatedArt. 471 Kodeksu cywilnego w związku z art. 300 Kodeksu pracy; Art. 361 Kodeksu cywilnego; Art. 362 Kodeksu cywilnego; Art. 393 Kodeksu postępowania cywilnego; Art. 100 Kodeksu postępowania cywilnego: An employer's breach of the duty to obtain necessary foreign work permits renders them liable for damages, but the scope of compensation is limited to the period where a direct causal link exists between the employer's negligence and the employee's loss of earnings.