II PK 178/06
AI generated
Electronic and postal delivery of identical written termination notice does not violate written form requirement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding a termination of employment contract. The employer sent an identical written termination notice both electronically and via postal mail, with the electronic version arriving first. The court held that since the notice was drafted on paper and delivered in identical content, the requirement for written form under labor law was not violated by the dual delivery method.
Legislator headnote
AI generatedArt. 30 § 3 k.p.; Art. 78 § 2 k.c.: The requirement for written form in labor law is satisfied if the employer drafts a termination notice on paper and delivers it in identical content via electronic and postal means, as the electronic delivery does not negate the written nature of the original document.
Keywords
AI generated
written form requirement
termination of employment
electronic delivery
postal delivery
identical content notice
labor law formalities
cassation appeal dismissal
Cited Legislation
AI generatedArt. 30 § 3 k.p.
Art. 78 § 2 k.c.
Art. 61 k.c.
Art. 300 k.p.
Art. 39814 k.p.c.
Art. 102 k.p.c.
art. 30 § 3 k.p
art. 30 § 1 pkt 1 k.p
art. 30 § 1 pkt 2 k.p
art. 61 k.c