Dismissal of cassation: termination does not equal expiry; employer's refusal to rehire does not end employment contract.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling that ordered employers to grant a parental leave. The plaintiff, a seamstress, was dismissed after maternity leave and later requested parental leave, which the employer refused, claiming the employment contract had expired. The court found that the employer's refusal to rehire did not legally terminate the contract and that the plaintiff's delayed request for leave was excusable due to her medical leave and the employer's refusal to accept medical certificates. Consequently, the court ruled that the employment relationship had been reactivated, entitling the plaintiff to the requested leave.
Legislator headnote
AI generatedArt. 48 § 1 Kodeksu pracy; Art. 63 Kodeksu pracy: The employer's refusal to rehire an employee does not equate to the expiration of the employment contract, and a subsequent request for parental leave may be validly accepted if the delay was caused by factors beyond the employee's control.