Legislator Case Law & Legislation
II PK 49/07 AI generated

Supreme Court voids multi-year fixed-term contracts with short notice clauses unless legally justified or in time-bound tasks.

Case Number II PK 49/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a series of fixed-term employment contracts with short notice periods. The plaintiff argued that such contracts violated labor law protections and stability, while the employer contended the arrangement was necessary for production flexibility. The court ruled that concluding long-term fixed-term contracts with two-week notice clauses is impermissible unless specific statutory exceptions apply, thereby treating the relationship as if it were an indefinite-term contract.

Legislator headnote

AI generated

Art. 183a k.p.; Art. 251 k.p.: The conclusion of a multi-year fixed-term employment contract with a two-week notice clause is impermissible unless explicitly provided by law, the nature of time-bound tasks requires it, or it does not violate the legitimate interest of both parties; if impermissible, the employment relationship is governed by rules for indefinite-term contracts.

Keywords

AI generated
fixed-term employment contracts two-week notice clause multi-year employment labor law imperatives indefinite-term conversion cassation appeal dismissal employee stability protection

Cited Legislation

AI generated
Art. 183a k.p.
Art. 251 k.p.
Art. 385 k.p.c.
Art. 398 § 1 k.p.c.
Art. 3983 § 3 k.p.c.
art. 385 k.p.c
art. 58 § 1 k.c
art. 300 k.p
art. 25 § 1 k.p
art. 3531 k.c

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text