Supreme Court dismissed cassation, ruling mutual termination of employment is a contract, not employer fault. The court held that the lower court correctly applied the Civil Code to mutual agreements. The decision clarifies that mutual termination agreements are governed by contract law principles. The court rejected the argument that the termination was due to employer fault. The ruling emphasizes the distinction between mutual agreements and employer-initiated terminations. The case establishes that mutual termination agreements are governed by contract law principles. The court found no error in the lower court's application of the Civil Code. The decision clarifies the legal nature of mutual termination agreements in employment law. The court ruled that mutual termination agreements are governed by contract law principles. The case establishes that mutual termination agreements are governed by contract law principles.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against the Regional Court's finding that the employment contract was terminated due to employer-related reasons. The lower court determined that while the employee initially requested a mutual termination, the employer's subsequent written confirmation and the employee's acceptance created a binding agreement under Article 60 of the Civil Code. The Supreme Court upheld this decision, clarifying that mutual termination agreements are governed by contract law principles rather than employer fault provisions, and correctly applied Article 61 of the Civil Code to the mutual declarations of will.
Legislator headnote
AI generatedArt. 60, 61, 30 § 1 pkt 1 Kodeksu pracy; Art. 10, 11 Ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; The termination of an employment contract based on a mutual agreement between the employer and the employee is governed by the rules of contract law and does not fall under provisions regarding employer-related reasons for termination.