Legislator Case Law & Legislation
II PK 358/04 AI generated

Supreme Court held the seven-day work readiness deadline is a substantive right not subject to extension under procedural law.

Case Number II PK 358/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court reversed the lower court's dismissal of the employee's claim regarding a missed seven-day deadline to report work readiness. The employee argued the delay was caused by his lawyer failing to inform him of a reinstatement judgment, while the employer contended the delay was attributable to the employee. The court ruled that the deadline is a substantive right governed by material law, meaning procedural extensions do not apply, but the employee can still prove the delay resulted from independent causes.

Legislator headnote

AI generated

Art. 48 § 1 k.p.; Art. 168, 169 k.p.c.: The seven-day deadline for reporting readiness to resume work is a substantive right that does not admit of extension under procedural law, though the employee may demonstrate the delay occurred due to causes independent of them.

Keywords

AI generated
substantive right deadline work readiness reporting procedural extension bar independent cause defense labor reinstatement legal representation fault material law priority

Cited Legislation

AI generated
Art. 48 § 1 k.p.
Art. 168 k.p.c.
Art. 169 k.p.c.
Art. 393 § 15 k.p.c.
art. 48 § 1 k.p
art. 39315 k.p.c

Cited Case Law

AI generated

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