Legislator Case Law & Legislation
I PK 195/07 AI generated

Conscientious illegal hiring does not trigger automatic termination but allows termination of the employment contract.

Case Number I PK 195/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
conscious illegal hiring automatic termination employment contract teacher qualifications parental leave protection

Cited Legislation

AI generated
art. 26 ust. 1 pkt 5 ustawy z dnia 26 stycznia 1982 r. - Karta Nauczyciela
art. 10 ust. 8 Karty Nauczyciela
art. 10 ust. 9 Karty Nauczyciela
art. 91c ust. 1 Karty Nauczyciela
art. 1861 § 1 k.p.
art. 398 k.p.c.
art. 98 § 1 k.p.c.
art. 8 k.p.
art.1861 § 1 k.p
art. 8 k.p

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