Legislator Case Law & Legislation
I PKN 745/00 AI generated

Supreme Court dismissed appeal; repeated fixed-term contracts without breaks deemed valid under bankruptcy circumstances.

Case Number I PKN 745/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a regional court ruling that converted her employment into an indefinite-term contract. The plaintiff argued that the employer systematically destroyed previous fixed-term contracts to evade the legal requirement for an indefinite-term contract under Article 251 of the Labor Code. The court found that the repeated renewals were a necessary and agreed-upon response to the employer's bankruptcy and liquidation proceedings, not an attempt to circumvent the law. Consequently, the court held that the lower court correctly applied the statute and rejected the claim of procedural error.

Legislator headnote

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Art. 251 Kodeksu pracy; repeated fixed-term contracts without breaks do not automatically constitute an indefinite-term contract if the renewals were a necessary response to bankruptcy liquidation and agreed upon by the parties.

Keywords

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Labor Code Article 251 fixed-term contract renewal bankruptcy liquidation indefinite-term conversion cassation appeal dismissal employer bankruptcy implied agreement

Cited Legislation

AI generated
Art. 251 Kodeksu pracy
Art. 112 Prawa upadłościowego
Art. 393 § 1 Kodeksu postępowania cywilnego

Cited Case Law

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