III PK 42/04
AI generated
Vacated: Free leave with partial work does not suspend employment rights or pay entitlement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court vacated the lower court's dismissal of the plaintiff's claim for unpaid bonus during a period of free leave. The plaintiff argued that despite being on leave, he continued to perform part of his duties, meaning his employment relationship remained active and he was entitled to remuneration. The court held that when an employee performs part of their work during free leave, the original employment contract is merely modified rather than suspended, thereby preserving the right to wages.
Legislator headnote
AI generatedArt. 174 § 1 k.p.; Art. 65 k.c.; Art. 300 k.p.; If an employee performs part of their duties during free leave, the employment relationship remains active and remuneration rights are not suspended.
Keywords
AI generated
free leave
employment contract
partial work
remuneration rights
contract modification
labor law
wages suspension
Cited Legislation
AI generatedArt. 174 § 1 k.p.
Art. 65 k.c.
Art. 300 k.p.
Art. 80 k.p.
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 174 § 1 k.p
art. 65 k.c
art. 300 k.p
art. 382 k.p.c