Legislator Case Law & Legislation
I PKN 405/00 AI generated

Labor law: Employee's refusal of new work terms proven by conduct under general civil law rules.

Case Number I PKN 405/00
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 found the employee's refusal of new work terms valid. The lower court determined the employee's verbal refusal and subsequent sick leave constituted sufficient conduct to express her will, as the Labor Code did not specify a formal declaration method. The Supreme Court agreed, ruling that general civil law principles allow will to be expressed through any sufficiently revealing behavior, thereby upholding the termination of the employment contract.

Legislator headnote

AI generated

Art. 42 § 3 KP; Art. 60 KC; Art. 300 KP: The Labor Code does not prescribe a specific form for an employee's refusal of new work terms, so general civil law rules apply, allowing such refusal to be expressed through any conduct sufficiently revealing the employee's will.

Keywords

AI generated
Labor Code Refusal of Work Terms Expression of Will Conduct as Declaration Employment Contract Termination Supreme Court Cassation General Civil Law Rules

Cited Legislation

AI generated
Art. 42 § 3 KP
Art. 60 KC
Art. 300 KP
Art. 393 § 1 KPC
Art. 393 § 2 KPC

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