Supreme Court dismissed appeal, ruling Art. 411 § 2 K.P. applies only to pre-bankruptcy fixed-term contracts, not post-bankruptcy ones.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the bankruptcy administrator against the Regional Court's decision invalidating a termination of employment. The plaintiff, an accountant, had a fixed-term contract renewed after the employer's bankruptcy declaration, which the lower courts held could be terminated only upon the conclusion of the bankruptcy proceedings. The Supreme Court ruled that Article 411 § 2 of the Code of Civil Procedure applies exclusively to fixed-term contracts concluded before the bankruptcy announcement, thereby rejecting the administrator's argument that the provision extended to contracts signed during the proceedings.
Legislator headnote
AI generatedArt. 411 § 2 k.p.; Art. 393 § 12 k.p.c.: The provision regarding termination of fixed-term employment contracts due to employer bankruptcy applies solely to contracts concluded prior to the bankruptcy announcement, excluding those established during the proceedings.