Supreme Court allows damages claim for non-attendance when employment contract termination period extends beyond actual start date.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's dismissal of a damages claim for an employee's failure to start work. The employee had signed a contract with a six-month notice period but did not begin employment as scheduled. The court ruled that the statutory termination period applies even if the employee never started, provided the contract was validly concluded. Consequently, the employer's early termination without notice was deemed lawful, and the employee remained liable for damages under the agreed terms.
Legislator headnote
AI generatedArt. 26 k.p.; Art. 36 § 1 pkt 1 k.p.; Art. 49 k.p.: The establishment of an employment relationship is not dependent on the actual commencement of work, and the statutory notice period applies to termination even if the employee fails to start, unless the employee was previously employed by the same employer or the parties extended the notice period.