Supreme Court allows readiness to work declaration via procedural acts during labor dispute proceedings.
Legislator summary
AI generatedThe 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 generatedArt. 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.