II PK 49/06
AI generated
Supreme Court allows vacation pay equivalent for unused leave during notice period before 2003 Labor Code entry.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially overturned the lower court's dismissal of the plaintiff's claim for vacation pay equivalent. The plaintiff argued that unused vacation during the notice period should be compensated, while the defendant contended that granting such leave violated public finance principles. The court ruled that before January 1, 2003, the law required utilizing all accrued leave during the notice period, making compensation mandatory if the employee could not use it.
Legislator headnote
AI generatedArt. 1671 k.p.; Art. 168 k.p.; Art. 171 k.p.: Before the entry into force of Art. 1671 of the Labor Code, an employee was obligated to utilize accrued vacation during the notice period, and failure to do so entitled them to a monetary equivalent.
Keywords
AI generated
Labor Code 1974
Notice Period
Vacation Leave
Monetary Equivalent
Public Finance Principles
Labor Dispute
Supreme Court Precedent
Cited Legislation
AI generatedArt. 1671 k.p.
Art. 168 k.p.
Art. 171 k.p.
Art. 386 § 6 k.p.c.
Art. 415 k.p.c.
Art. 39815 § in fine k.p.c.
art. 70 § 2 k.p
art. 382 k.p.c
art. 171 k.p
art. 163 § 1 k.p
Cited Case Law
AI generatedI PKN 434/98
Supreme Court dismisses termination dismissal due to lack of employee fault and requires consent for vacation leave during notice period.
I PK 403/02
Supreme Court dismisses appeal; vacation leave during notice period does not require employee consent.
II PK 34/05
I PK 124/05
Supreme Court dismissed cassation against employer granting vacation during notice period without employee consent.