Legislator Case Law & Legislation
I PKN 358/00 AI generated

Supreme Court dismissed cassation on labor law applicability and evidence rules in Polish employment disputes.

Case Number I PKN 358/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a labor dispute between a Polish employee and a Polish employer with a branch in Germany. The lower courts established an employment relationship existed despite the employee working abroad without proper permits, relying on the principle of Polish law applicability. The Court rejected the claim that the trial court violated procedural rules by not ordering specific evidence or dismissing the case solely due to lack of proof, affirming that the employment relationship was validly found.

Legislator headnote

AI generated

Ustawa z dnia 12 listopada 1965 r. - Prawo prywatne międzynarodowe, art. 33 § 1 zdanie pierwsze; Kodeks postępowania cywilnego, art. 4771 § 11, art. 277: When parties have not chosen the law, Polish law applies to employment relationships even if performed abroad, and courts are not required to order evidence when the employment relationship is already established.

Keywords

AI generated
Polish law applicability employment relationship abroad labor law jurisdiction court evidence duty cassation dismissal interstate labor permits civil procedure rules

Cited Legislation

AI generated
art. 33 § 1 zdanie pierwsze ustawy z dnia 12 listopada 1965 r. - Prawo prywatne międzynarodowe
art. 4771 § 11 KPC
art. 277 KPC
art. 39312 KPC

Cited Case Law

AI generated

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