Legislator Case Law & Legislation
II PK 153/07 AI generated

Internship under unemployment law prevails over teacher card employment rules for probationary teachers.

Case Number II PK 153/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the union's appeal seeking to establish an indefinite-term employment relationship between a teacher and a vocational school. The plaintiff argued for standard employment status, but the court found she was engaged in a statutory internship under the Unemployment Prevention Act. The court ruled that this specific statutory provision acts as a lex specialis, excluding the general employment rules of the Teachers' Card Act.

Legislator headnote

AI generated

Art. 37b of the Act on Employment and Prevention of Unemployment; Art. 10 ust. 1 of the Teachers' Card Act: A statutory internship provision for unemployed graduates constitutes a lex specialis that excludes the application of general employment contract rules and the Teachers' Card Act regarding the establishment of an employment relationship.

Keywords

AI generated
lex specialis statutory internship unemployment prevention teachers card act employment relationship probationary teacher indefinite term contract

Cited Legislation

AI generated
Art. 37b of the Act on Employment and Prevention of Unemployment
Art. 10 ust. 1 of the Teachers' Card Act
Art. 1 ust. 1 of the Teachers' Card Act
Art. 2 ust. 1 pkt 21a of the Act on Employment and Prevention of Unemployment
art. 189 k.p.c
art. 58 k.c
art. 39814 k.p.c

Cited Case Law

AI generated

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