Legislator Case Law & Legislation
I PK 117/07 AI generated

Supreme Court allows readiness to work declaration via procedural acts during labor dispute proceedings.

Case Number I PK 117/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned the lower court's dismissal of the plaintiff's claim for wages and vacation pay. The plaintiff, a former manager, argued that his readiness to return to work was established through procedural acts performed by his lawyer during a lawsuit to confirm the existence of an employment relationship. The court held that while initiating such a lawsuit does not automatically constitute readiness, specific procedural actions by the employee can demonstrate a clear intent to resume work. Consequently, the court ruled that the plaintiff had effectively notified the employer of his willingness to work, thereby allowing the claim to proceed.

Legislator headnote

AI generated

Art. 81 § 1 k.p.; Art. 86 k.p.c.; Art. 12 § 91 k.p.c.: A declaration of readiness to work may be validly made during proceedings to establish an employment relationship through procedural acts performed by the employee or their representative, provided these acts sufficiently reveal the employee's will to immediately resume work.

Keywords

AI generated
readiness to work declaration procedural acts in labor dispute employment relationship confirmation manager dismissal consequences legal representative authority

Cited Legislation

AI generated
Art. 81 § 1 k.p.
Art. 86 k.p.c.
Art. 12 § 91 k.p.c.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 81 § 1 k.p
art. 70 § 2 k.p
art. 81 k.p
art. 365 § 1 k.p.c
art. 22 § 1 k.p

Cited Case Law

AI generated

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