Legislator Case Law & Legislation
I PK 177/04 AI generated

Supreme Court dismissed cassation on vacation leave during notice period validity and delivery of employer's declaration.

Case Number I PK 177/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employee against the lower courts' decision to deny his claim for unused vacation pay. The court found that the employer's right to grant vacation leave during the notice period existed independently of the new Labor Code article's effective date and that the employee's daughter's receipt of the employer's letter did not invalidate its delivery. Consequently, the court ruled that the employee failed to prove the letter never reached him or that he lacked the opportunity to read it, upholding the lower courts' findings on both the statutory timeline and the delivery of the declaration.

Legislator headnote

AI generated

Art. 1671 k.p.; Art. 61 k.c.; The employer's right to grant vacation leave during the notice period applies regardless of the new law's effective date, and the delivery of an employer's declaration is valid if the recipient had the opportunity to become acquainted with its contents, irrespective of who physically received the mail.

Keywords

AI generated
vacation leave notice period Labor Code effective date declaration of will delivery opportunity to read letter cassation appeal dismissal factual presumption employee vacation entitlement

Cited Legislation

AI generated
Art. 1671 k.p.
Art. 61 k.c.
Art. 231 k.p.c.
Art. 393 § 12 k.p.c.
art. 1671 k.p
art. 6 k.c
art. 61 k.c
art. 231 k.p.c
art. 39312 k.p.c

Cited Case Law

AI generated
Sąd Najwyższy z dnia 7 lutego 2001 r., PKN 240/00
Sąd Najwyższy z dnia 28 lutego 2002 r., III CKN 1316/00
Sąd Najwyższy z dnia 20 stycznia 2004 r., II CK 358/02
II CK 358/02

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