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I PK 418/03 AI generated

Supreme Court rules MP's employment contract expired but employer must rehire him after unpaid leave.

Case Number I PK 418/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court vacated the lower court's dismissal of the plaintiff's claim and remanded the case for a new decision. The court found that while the employment contract expired due to the company's deregistration, the employer was legally obligated to rehire the former director because he had received unpaid leave for serving as a Member of Parliament. The decision established that the statutory right to rehire prevails over the expiration of the original contract, provided the employee is ready to work.

Legislator headnote

AI generated

Art. 19 ust. 3 ustawy o gospodarce komunalnej; Art. 31 ustawy o wykonywaniu mandatu posła i senatora: Although an employment contract expires upon deregistration of the enterprise, the employer is obligated to rehire a former employee who received unpaid leave for parliamentary duties, provided the employee is ready to work.

Keywords

AI generated
employment contract expiration Member of Parliament leave mandatory rehire obligation communal enterprise deregistration readiness to work

Cited Legislation

AI generated
Art. 19 ust. 3 ustawy z dnia 20 grudnia 1996 r. o gospodarce komunalnej
Art. 31 ustawy z dnia 9 maja 1996 r. o wykonywaniu mandatu posła i senatora
Art. 66 Kodeksu pracy
Art. 34 ust. 2 10 ustawy o wykonywaniu mandatu posła i senatora
Art. 39313 k.p.c.
art. 291 § 1 k.p
art. 8 k.p
art. 292 k.p
art. 66 § 1 k.p
art. 39313 k.p.c

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