Legislator Case Law & Legislation
I PK 633/02 AI generated

Invalid employment contract creates obligations upon employee acceptance and employer acceptance of work terms.

Case Number I PK 633/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
invalid employment contract de facto employment formal defects mutual intent bankruptcy administrator supervisory board acceptance of work

Cited Legislation

AI generated
Art. 60 k.c.
Art. 73 k.c.
Art. 300 k.p.
Art. 29 § 1 k.p.
Art. 29 § 3 k.p.
Art. 393 § 13 k.p.c.
Art. 393 § 19 k.p.c.
Art. 108 § 2 k.p.c.
art. 103 k.c
art. 409 k.c

Cited Case Law

AI generated
I PKN 404/99

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