Legislator Case Law & Legislation
III PZP 17/02 AI generated

Fax delivery of termination notice is valid but violates the requirement for a handwritten signature.

Case Number III PZP 17/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court ruled that sending a termination notice via fax is legally effective and starts the appeal period, but it constitutes a procedural violation. The court found that while the fax successfully delivered the message, it failed to meet the statutory requirement for a handwritten signature on the document. Consequently, the termination was valid, yet the employer's method of delivery breached specific labor law provisions regarding formalities.

Legislator headnote

AI generated

Art. 30 § 3 KP; Art. 78 zd. 1 KC: Sending a termination notice via fax is effective for starting the appeal period but violates the requirement for a handwritten signature, as a fax is merely a copy of the signature.

Keywords

AI generated
termination notice validity fax delivery effectiveness handwritten signature requirement labor law formalities procedural violation appeal period calculation written form compliance

Cited Legislation

AI generated
Art. 30 § 3 KP
Art. 78 zd. 1 KC

Cited Case Law

AI generated
III CZP 146/93

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