Legislator Case Law & Legislation
II PK 211/07 AI generated

Supreme Court dismissed appeal claiming labor contract existence is an alternative claim under Art. 67 K.P. when employer terminates contract.

Case Number II PK 211/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a teacher against a school regarding the termination of her employment contract. The plaintiff argued that establishing the existence of a labor relationship was an alternative claim available under Article 67 of the Labor Code when the employer violated termination rules. The court rejected this, ruling that the claim to establish a labor relationship is not an alternative remedy but a distinct matter subject to specific procedural timelines and substantive requirements. Consequently, the court held that the plaintiff's attempt to bypass the statutory protection procedures for termination by seeking a declaratory judgment was legally unfounded.

Legislator headnote

AI generated

Art. 67 k.p.; Art. 4771 k.p.c. The claim to establish the existence of a labor relationship is not an alternative remedy available under Article 67 of the Labor Code when an employer terminates the contract in violation of statutory provisions.

Keywords

AI generated
alternative claim labor contract existence termination of employment Labor Code protection cassation appeal dismissal procedural timeline employer termination

Cited Legislation

AI generated
Art. 67 k.p.
Art. 4771 k.p.c.
Art. 385 k.p.c.
Art. 56 § 1 k.p.
Art. 262 § 1 k.p.
Art. 264 k.p.
Art. 398 § 14 k.p.c.
art. 189 k.p.c
art. 67 k.p
art. 4771 k.p.c

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