Supreme Court allows repeated unpaid union leave for continuous union function performance.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim for unpaid union leave, ruling that the right to such leave applies to subsequent terms if requested immediately after the previous one. The court found that the employer's refusal to grant continuous leave without a break violated the principle of good faith under Article 8 of the Civil Code. Consequently, the case was remanded for a new decision on the costs of the cassation proceedings.
Legislator headnote
AI generatedArt. 74 k.p.; § 2 Rozporządzenia Rady Ministrów z dnia 11 czerwca 1996 r.: The right to unpaid leave for performing a union function extends to subsequent terms if requested immediately following the previous leave, provided the employer does not refuse without a break, as such refusal violates the principle of good faith.