Legislator Case Law & Legislation
I PKN 735/00 AI generated

Supreme Court dismissed cassation, allowing dismissal of employment contract termination via implied acceptance of work by manager.

Case Number I PKN 735/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the state-owned enterprise against the lower court's ruling. The facts established that a manager was appointed to oversee the company, after which a contract for fixed-term employment was signed with the employee's knowledge. The court held that despite procedural flaws in the appointment, the employee's performance of duties and the written contract created a valid employment relationship by conduct. Consequently, the early termination of the contract without a valid notice clause violated labor law provisions.

Legislator headnote

AI generated

Art. 66 ust. 3 ustawy o przedsiębiorstwach państwowych; Art. 32, 33, 50 § 4 Kodeksu pracy: An employment relationship is established by conduct (per facta concludentia) when a manager performs duties and a contract is signed, rendering procedural defects in the manager's appointment irrelevant to the validity of the contract.

Keywords

AI generated
implied acceptance of employment managerial appointment validity fixed-term contract termination labor law procedural defects per facta concludentia state-owned enterprise law labor dispute cassation

Cited Legislation

AI generated
art. 66 ust. 3 ustawy z dnia 25 września 1981 r. o przedsiębiorstwach państwowych
art. 32 i 33 Kodeksu pracy
art. 50 § 4 Kodeksu pracy
art. 386 § 6 Kodeksu postępowania cywilnego
art. 393 § 12 Kodeksu postępowania cywilnego

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