Legislator Case Law & Legislation
III PZP 17/03 AI generated

Public employee returning to previous role after voluntary selection does not automatically terminate prior employment contract.

Case Number III PZP 17/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a public employee's return to a previous position after a voluntary selection mandate automatically terminates their prior employment contract. The lower court had ruled that the employment relationship ended automatically upon the start of the selection role, but the Supreme Court found this interpretation incorrect. The court held that the employee's consent to the selection implies a temporary suspension of the prior contract rather than its immediate termination, allowing the employee to resume their former role without a formal request for unpaid leave.

Legislator headnote

AI generated

art. 74 k.p. w związku z art. 174 § 1 k.p.; The commencement of work under a voluntary selection mandate does not automatically terminate the prior employment contract, as the employee's consent implies a temporary suspension of rights and obligations rather than a definitive resolution of the relationship.

Keywords

AI generated
public employee selection voluntary mandate employment contract termination unpaid leave suspension labor law interpretation contractual consent administrative employment

Cited Legislation

AI generated
art. 74 k.p.
art. 174 § 1 k.p.
art. 60 k.c.
art. 300 k.p.
§ 3 art. 174 k.p.
§ 2 art. 174 k.p.
art. 74 k.p
art. 174 § 1 k.p
art. 4771 k.p.c
art. 22 § 1 k.p

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