Legislator Case Law & Legislation
I PKN 699/00 AI generated

Supreme Court dismissed appeal; dismissal rules do not apply to elected office employment contracts.

Case Number I PKN 699/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former village head against the dismissal of his employment contract. The lower courts ruled that the supplementary allowance was not a fixed salary component and that the employment relationship ended automatically upon the expiration of his mandate. The Supreme Court upheld this decision, confirming that Article 42 of the Labor Code does not apply to employment contracts based on election, which are governed by Article 73 instead.

Legislator headnote

AI generated

Art. 42 § 1 KP; Art. 73 § 2 KP: The provisions regarding dismissal of employment contracts do not apply to employment relationships based on election, which terminate automatically upon the expiration of the mandate.

Keywords

AI generated
employment contract election dismissal provisions labor code supplementary allowance dismissal village head employment automatic termination mandate

Cited Legislation

AI generated
art. 42 § 1 KP
art. 73 § 2 KP
art. 39311 § 1 KPC
art. 3933 KPC
art. 39312 KPC

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