I PK 124/05
AI generated
Supreme Court dismissed cassation against employer granting vacation during notice period without employee consent.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking compensation for unused vacation time during his employment contract termination notice period. The employee argued that the employer's unilateral grant of vacation without his consent violated specific labor and civil code provisions. The court ruled that the employer's act was legally valid because the employee failed to object to the vacation grant within the required timeframe, thereby waiving his right to demand compensation.
Legislator headnote
AI generatedArt. 1671 k.p.; Art. 31 § 1 k.p.: An employer may grant vacation leave to an employee during the notice period without the employee's prior consent, and the employee's failure to object constitutes acceptance of the leave.
Keywords
AI generated
vacation leave notice period
unilateral employer grant
employee consent waiver
cassation dismissal
labor contract termination
Cited Legislation
AI generatedArt. 1671 k.p.
Art. 31 § 1 k.p.
Art. 61 k.c.
Art. 163 § 1 k.p.
Art. 168 k.p.
Art. 393 § 1 k.p.c.
art. 1671 k.p
art. 61 k.c
art. 163 § 1 k.p
art. 168 k.p
Cited Case Law
AI generatedI PKN 527/97, OSNP 1999 nr 2, poz. 54
I PK 403/02
Supreme Court dismisses appeal; vacation leave during notice period does not require employee consent.