Labor dispute: extended notice period not automatically detrimental if it delays employer termination.
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal, quashing the appellate court's dismissal of the employee's claim for damages. The employee argued that an agreed notice period longer than the statutory limit was invalid, while the employer contended the clause was lawful. The court ruled that such a clause is not automatically detrimental if it results in a longer notice period for the employer, potentially making the employee's termination practically impossible under specific market conditions.
Legislator headnote
AI generatedArt. 47 k.p.; Art. 49 k.p.; The validity of an agreed notice period exceeding the statutory limit depends on a comprehensive assessment of the employment relationship, and it is not automatically detrimental to the employee if it effectively extends the employer's notice period.