Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
I PKN 156/01 AI generated

Employee's declaration to terminate pregnancy-related contract voidable regardless of employer's fault or knowledge.

Case Number I PKN 156/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court allowed the employee to rescind her declaration to terminate her employment contract due to pregnancy, despite the lower court's dismissal. The employee was unaware of her pregnancy when pressured by her supervisor to resign, leading to a psychological error under Civil Code provisions. The court held that the one-year limitation period for rescinding such declarations should be modified to align with the nine-month duration of pregnancy, ensuring adequate protection for the worker.

Legislator headnote

AI generated

Art. 84 § 1, 2 k.c.; Art. 87 k.c.; The one-year limitation period for rescinding a declaration of will made under a mistake regarding one's situation as an employee must be modified to accommodate the nine-month duration of pregnancy, ensuring adequate protection for the worker.

Keywords

AI generated
rescission of declaration pregnancy protection labor contract termination mistake of fact limitation period modification psychological coercion employee rights

Cited Legislation

AI generated
Art. 84 § 1 and 2 k.c.
Art. 87 k.c.
Art. 45 § 1 k.p.
Art. 177 § 1 k.p.
Art. 47 k.p.
Art. 81 § 1 k.p.
Art. 88 § 2 k.c.
Art. 264 k.p.
Art. 74 k.p.
Art. 48 § 1 k.p.
Art. 66 § 2 k.p.
Art. 264 § 1 k.p.
Art. 393 § 13 k.p.c.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text