Legislator Case Law & Legislation
II PK 4/06 AI generated

Supreme Court dismissed teacher's appeal; indefinite full-time employment requires multi-year school planning capacity.

Case Number II PK 4/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the teacher's cassation appeal regarding her request for indefinite full-time employment. The court found that while the teacher met statutory criteria, the school lacked the planned capacity to provide full-time teaching positions for the subsequent academic year. Consequently, the mandatory obligation to convert her contract to an indefinite term did not arise due to the absence of long-term planning conditions.

Legislator headnote

AI generated

Art. 10 ust. 5 pkt 6 Karty Nauczyciela; The obligation to convert a fixed-term contract to an indefinite one based on a teaching degree exists only if the school has planned capacity for full-time teaching in the following academic year.

Keywords

AI generated
indefinite employment contract teacher status conversion full-time teaching capacity school planning obligation cassation appeal dismissal Karta Nauczyciela provisions academic year planning

Cited Legislation

AI generated
Art. 10 ust. 5 pkt 6 Karty Nauczyciela
Art. 10 ust. 5a Karty Nauczyciela
Art. 10 ust. 5b Karty Nauczyciela
Art. 177 § 3 k.p.
Art. 39814 k.p.c.
Art. 102 k.p.c.
art. 177 § 3 k.p
art. 18 k.p
art. 39814 k.p.c
art. 102 k.p.c

Cited Case Law

AI generated
I PK 431/03

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