I PKN 619/01
AI generated
Supreme Court voids dismissal of vacation pay claim, ruling employer cannot force vacation use during notice period.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court voided the lower court's dismissal of a plaintiff's claim for vacation pay equivalent following his termination. The court found that while the employer could not force the employee to take vacation during the notice period, the statutory silence on this issue did not justify denying the employee's right to compensation. Consequently, the decision to deny the claim violated the Labor Code, and the case was remanded for a new trial.
Legislator headnote
AI generatedArt. 170 k.p.; Art. 171 § 1 k.p.: The deletion of the provision mandating vacation usage during the notice period renders such a requirement impermissible, thereby entitling the employee to a vacation pay equivalent when the employer fails to grant the vacation.
Keywords
AI generated
Labor Code
Notice Period
Vacation Pay
Employment Termination
Vacation Usage
Statutory Silence
Remand for Trial
Cited Legislation
AI generatedArt. 170 k.p.
Art. 171 § 1 k.p.
Art. 393 § 1 k.p.c.
art. 385 k.p.c
art. 38 k.c
art. 31 § 1 k.p
art. 45 § 1 k.p
art. 170 k.p
art. 198 § 1 k.p
art. 171 § 1 k.p