Legislator Case Law & Legislation
I PK 531/03 AI generated

Supreme Court allows appeal, ruling one-year periods under labor law are continuous and calculated by calendar year.

Case Number I PK 531/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court's decision to reinstate the plaintiff to his former job conditions. The plaintiff argued that the one-year period for applying old collective agreement terms should be calculated using civil code rules, but the court found the labor code provisions sufficient. The court held that labor law periods are continuous and must be calculated according to the calendar year, rejecting the application of civil code rules for this specific statutory timeframe.

Legislator headnote

AI generated

Art. 2418 § 1 k.p.; Art. 112 k.c.: The one-year period mentioned in Art. 2418 § 1 k.p. is continuous and must be calculated according to the calendar year, meaning the period runs from the day of the employer's change to the corresponding date in the following year.

Keywords

AI generated
labor law one year period collective agreement calendar year calculation continuous period reinstatement to work civil code application

Cited Legislation

AI generated
Art. 2418 § 1 k.p.
Art. 112 k.c.
Art. 300 k.p.
Art. 393 § 12 k.p.c.
art. 2418 k.p
art. 112 k.c
art. 2418 § 1 k.p
art. 177 § 1 k.p
art. 24113 § 2 k.p
art. 300 k.p

Cited Case Law

AI generated

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