I PKN 700/00
AI generated
Supreme Court rules monthly termination notice period runs separately for each day of continuous breach.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision to restore the employee to work, finding the employer's termination notice period had not yet expired. The court held that when a breach consists of continuous intentional omission, the monthly notice period must be calculated separately for each day the breach persists. Consequently, the employer could only terminate the contract after the employee returned the withheld equipment, which occurred during the proceedings.
Legislator headnote
AI generatedArt. 52 § 2 KP; Art. 316 § 1 KPC; In cases of continuous intentional omission, the monthly notice period for termination runs separately for each day the breach persists, rather than from the moment the employer first learned of the breach.
Keywords
AI generated
continuous omission
termination notice period
labor law
breach of duty
calculation of time
employee rights
labor dispute
Cited Legislation
AI generatedArt. 52 § 2 KP
Art. 316 § 1 KPC
Art. 393 § 1 KPC