Conscientious illegal hiring does not trigger automatic termination but allows termination of the employment contract.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding the restoration of employment for a teacher lacking required qualifications. The lower court ruled that the school's conscious violation of hiring bans meant the employment relationship did not automatically expire by law, but could be terminated. The Supreme Court agreed that the illegal hiring did not cause an automatic termination but noted the employer could not successfully argue against the restoration of work because they had violated the prohibition on terminating the contract during the teacher's parental leave period.
Legislator headnote
AI generatedArt. 26 ust. 1 pkt 5 Karty Nauczyciela; Art. 10 ust. 8 Karty Nauczyciela: Conscious and unlawful employment of a contract teacher lacking required qualifications does not lead to automatic termination of the employment relationship by operation of law, but enables termination of the employment contract concluded in violation of the ban.