Legislator Case Law & Legislation
I PKN 209/01 AI generated

Sudden employer liquidation deemed sufficient to terminate employment contracts under civil law principles.

Case Number I PKN 209/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against the lower court's judgment regarding two employees whose contracts ended due to the employer's sudden liquidation. The court found that the factual cessation of business operations objectively demonstrated the employer's will to terminate the employment relationships, rendering the employees' readiness to work irrelevant. Consequently, the court upheld the dismissal of the appeal for the employee with a fixed-term contract while allowing the proceedings for the other employee.

Legislator headnote

AI generated

Art. 60 k.c.; Art. 300 k.p.: The factual cessation of an employer's business activities constitutes a sufficient manifestation of the employer's will to terminate the employment relationship, thereby ending the contract regardless of the employee's readiness to work.

Keywords

AI generated
employer liquidation termination of contract fixed term employment manifestation of will readiness to work civil law analogy labor law principles

Cited Legislation

AI generated
Art. 60 k.c.
Art. 300 k.p.
Art. 328 § 2 k.p.c.
Art. 233 § 1 k.p.c.
Art. 30 § 3 i 4 k.p.
Art. 411 k.p.
§ 2 Art. 411 k.p.
Art. 81 § 1 k.p.
Art. 393 § 12 k.p.c.
Art. 393 § 17 k.p.c.

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