Legislator Case Law & Legislation
I PK 68/05 AI generated

Supreme Court dismisses appeal; indefinite contract cannot transform to fixed-term without explicit statutory provision.

Case Number I PK 68/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal, quashing the lower court's decision that transformed an indefinite-term employment contract into a fixed-term one. The plaintiff argued that a five-year service period automatically converted the contract, while the employer contended the original agreement remained indefinite. The court ruled that Article 58 of the Civil Code does not permit such a transformation by operation of law, as no specific statute authorizes it.

Legislator headnote

AI generated

Art. 58 § 1, § 3 k.c.; A change in the terms of an employment contract by operation of law requires a specific statutory provision, and the Civil Code does not authorize the transformation of an indefinite-term contract into a fixed-term one.

Keywords

AI generated
employment contract transformation indefinite term contract fixed term contract operation of law Civil Code Article 58 labor law supremacy statutory authorization

Cited Legislation

AI generated
Art. 58 § 3 k.c.
Art. 58 § 1 k.c.
Art. 393 § 1 k.p.c.
art. 385 k.p.c
art. 58 § 3 k.c
art. 3931 k.p.c
art. 45 § 1 k.p
art. 382 k.p.c
art. 68 § 2 k.p
art. 68 k.p

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