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I PK 23/04 AI generated

Indefinite-term employment contract does not convert to fixed-term upon transfer due to third-party guarantee obligation.

Case Number I PK 23/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding a claim for damages and conversion of an employment contract term. The lower court had awarded compensation based on the argument that a guarantee agreement by the new employer transformed the indefinite-term contract into a fixed-term one. The court ruled that the type of employment contract is a mandatory provision determined solely by the parties and cannot be altered by a third party's guarantee obligation.

Legislator headnote

AI generated

Art. 29 § 1 k.p.; Art. 471 k.c.; Art. 300 k.p.; Art. 519 k.c.; Art. 231 k.p. The type of employment contract is a mandatory provision determined exclusively by the employer and employee, and a third party's guarantee obligation does not convert an indefinite-term contract into a fixed-term one.

Keywords

AI generated
employment contract term transfer of business third party guarantee fixed term conversion employer liability labor law provisions cassation appeal

Cited Legislation

AI generated
Art. 29 § 1 k.p.
Art. 471 k.c.
Art. 300 k.p.
Art. 519 k.c.
Art. 231 k.p.
Art. 393 § 13 k.p.c.
art. 471 k.c
art. 300 k.p
art. 231 §1 k.p
art. 393 § 1 k.c

Cited Case Law

AI generated
II UKN 458/98
Supreme Court dismisses appeal; Art. 231 Labor Code prevails over Civil Code Art. 519 in employer transfer cases.
I PK 620/02

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