I PK 109/03
AI generated
Employment readiness not invalidated by concurrent work at another employer under Polish Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of a claim for compensation due to readiness to work. The plaintiff argued that his employer's refusal to hire him was unlawful, while the defendant claimed his readiness was invalid because he worked elsewhere. The court held that performing work at another employer does not automatically negate readiness under the Labor Code, requiring a specific analysis of the employee's actual availability and intent.
Legislator headnote
AI generatedArt. 48 § 1 k.p.; Art. 81 § 1 k.p.: Performing work for another employer at the time of declaring readiness to work does not by itself exclude the effectiveness of such declaration or the status of remaining in readiness.
Keywords
AI generated
readiness to work
concurrent employment
Labor Code
dismissal of claim
employee availability
Cited Legislation
AI generatedArt. 48 § 1 k.p.
Art. 81 § 1 k.p.
Art. 388 § 1 k.p.c.
Art. 233 § 1 k.p.c.
Art. 128 k.p.
Art. 129 k.p.
Art. 393 § 13 k.p.c.
Art. 393 § 19 k.p.c.
Art. 108 § 2 k.p.c.
art. 48 § 1 k.p
Cited Case Law
AI generatedV PZP 12/75
OSNCP 1976 nr 9, poz. 187
I PKN 577/00
Employee's temporary work during employer's decision period proves intent to continue employment contract.
OSNP 2003 nr 13, poz. 308
I PK 345/02
Employment readiness requires immediate availability; prior employment does not negate readiness if the worker was ready to return.