Employer not liable for hiring former workers if they fail to declare return intent before recruitment ends.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court order requiring the employer to rehire former employees. The court found that while the employer had a duty to hire within the same occupational group, this obligation only activates if the employee declares their intent to return before the recruitment process concludes. Since the two plaintiffs waited until after the recruitment ended to express their desire to return, they waived their right to priority hiring, leaving the employer free to hire others or wait for new vacancies.
Legislator headnote
AI generatedArt. 12 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; The employer's obligation to rehire a former employee is conditional upon the employee declaring their intent to return before the recruitment process for the same occupational group concludes, thereby establishing that failure to declare such intent prior to recruitment ends waives the right to priority hiring.