Invalid employment contract creates obligations upon employee acceptance and employer acceptance of work terms.
Legislator summary
AI generatedThe Supreme Court dismissed the bankruptcy administrator's claim to establish an invalid employment contract as void ab initio. The court found that the employee was admitted to work, the company treated him as an employee, and the supervisory board modified the contract terms, indicating mutual intent to create a valid relationship. Consequently, the court ruled that obligations arise from the employee's acceptance of work under the contract's conditions, even if the initial written form was defective.
Legislator headnote
AI generatedArt. 60 k.c.; Art. 73 k.c.; Art. 300 k.p.; Art. 29 § 1, 3 k.p.: Even if an employment contract is invalid due to formal defects, obligations arise when the employee is admitted to work and the employer accepts the work terms, provided both parties manifested intent to conclude a valid agreement.