Legislator Case Law & Legislation
I PKN 62/00 AI generated

Employment contract termination by appointment is invalid if less favorable than general statutory rules.

Case Number I PKN 62/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a labor court ruling that rejected an employee's claim for damages regarding his termination. The court found that the employer had validly terminated the employment contract without notice due to the employee's serious breach of duty by failing to report to work after vacation. Consequently, the court held that the specific termination clause in the employment agreement was invalid because it offered less favorable conditions than the general statutory rules governing contract termination.

Legislator headnote

AI generated

Art. 70 § 1 KP; Art. 18 § 2 KP: A provision in an employment contract permitting termination by appointment is invalid if it is less favorable to the employee than the generally applicable statutory rules on the termination of employment contracts.

Keywords

AI generated
employment contract termination appointment based hiring serious breach of duty termination without notice less favorable terms labor law validity cassation appeal dismissal

Cited Legislation

AI generated
Art. 70 § 1 KP
Art. 18 § 2 KP
Art. 52 § 1 ust. 1 Prawo spółdzielcze
Art. 100 § 2 pkt 1 KP
Art. 100 § 2 pkt 2 KP
Art. 42 § 4 KP
Art. 393 § 1 KPC
art. 68 K.p
art. 25 K.p

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