Supreme Court allows indefinite-term contract application when special law lacks exhaustive regulation on contract types.
Legislator summary
AI generatedThe Supreme Court of Poland quashed the lower court's dismissal of the plaintiff's appeal regarding her employment contract termination. The facts show the university hired the plaintiff on fixed-term contracts despite having the capacity to hire additional staff, arguing Article 92 of the Higher Education Act precluded the Labor Code's provisions on indefinite-term contracts. The court ruled that the special law did not exhaustively regulate contract types, allowing the parties to choose contract forms under the Labor Code, thus validating the application of indefinite-term contract rules.
Legislator headnote
AI generatedArt. 92 ust. 1 ustawy o szkolnictwie wyższym; Art. 5, 251 k.p.: The special law on higher education does not exhaustively regulate the type of employment contract, permitting the Labor Code's provisions on indefinite-term contracts to apply when the parties choose such a form.