Public employee returning to previous role after voluntary selection does not automatically terminate prior employment contract.
Legislator summary
AI generatedThe 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 generatedart. 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.