I PKN 699/00
AI generated
Supreme Court dismissed appeal; dismissal rules do not apply to elected office employment contracts.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedart. 42 § 1 KP
art. 73 § 2 KP
art. 39311 § 1 KPC
art. 3933 KPC
art. 39312 KPC