Legislator Case Law & Legislation
I PK 206/02 AI generated

Employee's resignation during pregnancy is voidable due to error, regardless of employer's fault or knowledge.

Case Number I PK 206/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal in a labor dispute where an employee resigned while unaware of her pregnancy. The lower court ordered reinstatement based on special protections for pregnant women, while the employer argued the resignation was a valid act of a paid legal transaction. The court ruled that although the general rule requires employer fault for voiding such acts, this requirement is waived for pregnant employees to ensure their continued protection.

Legislator headnote

AI generated

art. 84 § 1 k.c.; art. 300 k.p.: For a pregnant employee making a declaration of will to terminate employment under a mistake regarding her pregnancy, she may avoid the legal consequences of that declaration regardless of whether the employer caused the error or could have easily noticed it.

Keywords

AI generated
employment contract termination pregnancy protection voidable declaration of will labor law application employee error employer fault requirement reinstatement order

Cited Legislation

AI generated
art. 84 § 1 k.c.
art. 300 k.p.
art. 177 k.p.
art. 22 k.p.
art. 84 k.p.
art. 393 § 12 k.p.c.
art. 84 § 1 k.c
art. 300 k.p
art. 177 k.p
art. 47 k.p

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