Legislator Case Law & Legislation
I PK 126/07 AI generated

Single readiness declaration insufficient for salary claim during pregnancy without detailed employer availability proof.

Case Number I PK 126/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's judgment and remanded the case for retrial regarding a salary claim for readiness to work. The plaintiff sought payment for a period spanning her pregnancy, while the defendant argued that a single declaration of readiness was sufficient. The court found the lower court failed to verify specific prerequisites for readiness, such as the plaintiff's intent, physical ability, and continuous availability to the employer throughout the pregnancy.

Legislator headnote

AI generated

Art. 81 § 1 k.p.; Art. 398 § 1 k.p.c.: A single declaration of readiness to work is insufficient to claim remuneration for a prolonged period, particularly during pregnancy, without precise factual findings on the employee's intent, physical capacity, and continuous availability to the employer.

Keywords

AI generated
readiness to work remuneration for readiness pregnancy period labor law standards factual findings requirement employer availability remand for retrial

Cited Legislation

AI generated
Art. 81 § 1 k.p.
Art. 398 § 1 k.p.c.
art. 81 § 1 k.p
art. 80 k.p
art. 47 k.p
art. 48 k.p
art. 84 k.c
art. 81 k.p
art. 6 k.c
art. 300 k.p

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