I PK 92/02
AI generated
Supreme Court quashes labor contract termination due to invalidity of employer's representative authority in transfer agreement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision to dismiss the plaintiff's claim for termination of the employment contract. The court found that the employer's attempt to transfer founder rights via a civil law agreement was invalid because such rights stem from public law, not civil law. Consequently, the termination of the plaintiff's employment was deemed legally flawed due to the improper representation of the employer.
Legislator headnote
AI generatedArt. 70 k.p.; Art. 393 § 13 k.p.c.: A labor contract termination is invalid if the employer's representative lacked authority to execute a transfer of founder rights, as such rights derive from public law and cannot be transferred via civil law agreements.
Keywords
AI generated
labor contract termination
founder rights transfer
public law vs civil law
representative authority
invalid legal act
employment relationship
non-state university
Cited Legislation
AI generatedArt. 70 k.p.
Art. 393 § 13 k.p.c.
art. 45 § 2 k.p
art. 58 k.c
art. 300 k.p
art. 509 k.c
art. 45 § 1 k.p
art. 227 k.p.c
art. 473 k.p.c
art. 386 § 2 k.p.c