Legislator Case Law & Legislation
I PK 189/05 AI generated

Appeal dismissed: Acting employer's self-termination of labor contract is valid under labor code.

Case Number I PK 189/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former employee against a labor contract termination. The employee, who had been appointed manager of the insolvent company, terminated his own employment contract while acting as the employer's representative. The court ruled that such a termination is legally effective because the employee was not performing work duties during the relevant period. Consequently, the court held that the labor relationship ended on July 31, 2001, and the employee was not entitled to further wages.

Legislator headnote

AI generated

Art. 31 k.p.; Art. 1062 k.p.c.: A person acting as an employer's representative who terminates the labor contract with themselves achieves the legal effect of termination, as the labor code does not provide for invalidity of such acts.

Keywords

AI generated
labor contract termination employer representative status self-termination validity insolvency administrator labor code provisions

Cited Legislation

AI generated
Art. 31 k.p.
Art. 1062 k.p.c.
Art. 80 k.p.
Art. 81 § 1 k.p.
Art. 398 § 3 k.p.c.
art. 31 k.p
art. 1062 k.p.c
art. 233 k.p.c
art. 31 § 1 k.p
art. 935 k.p.c

Cited Case Law

AI generated
III PZP 41/89

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