Legislator Case Law & Legislation
II PK 306/05 AI generated

Labor contract validity not voided solely due to excessive employee privileges under Civil Code Art. 58 § 2.

Case Number II PK 306/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the employee's claim to reinstate his contract and award damages. The employee argued his fixed-term contract was void under Civil Code Art. 58 § 2 due to excessive privileges, while the employer contended the dismissal was justified by procedural violations and poor performance. The court ruled that a contract cannot be declared entirely invalid merely because it grants significant, albeit unjustified, privileges to the employee.

Legislator headnote

AI generated

Art. 58 § 2 k.c.; A labor contract cannot be declared entirely invalid solely on the ground that it grants the employee significant privileges, even if those privileges are unjustified.

Keywords

AI generated
labor contract validity excessive employee privileges Civil Code Art. 58 fixed-term employment dismissal justification social coexistence principles contractual imbalance

Cited Legislation

AI generated
Art. 58 § 2 k.c.
Art. 300 k.p.
Art. 36 k.p.
Art. 3983 § 3 k.p.c.
Art. 39815 § 1 k.p.c.
Art. 108 § 2 k.p.c.
Art. 39821 k.p.c.
Art. 391 § 1 k.p.c.
Art. 183 ust. 1 Konstytucji
art. 58 § 2 k.c

Cited Case Law

AI generated

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