II PK 318/07 AI generated

Free leave period counts toward share purchase rights only if employee returns to original employer.

Case Number II PK 318/07

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2008-05-09

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a regional court awarding compensation to an employee denied free shares. The court found that while the employee took unpaid leave under Article 1741 of the Labor Code to work elsewhere, she had not returned to her original employer. The court ruled that such leave only counts toward share eligibility if the employee resumes work with the former employer, rejecting the lower court's view that the leave period automatically qualified. Consequently, the Supreme Court upheld the dismissal of the claim regarding the share purchase right.

Legislator headnote

AI generated

Art. 1741 § 1, 2 k.p.; Art. 174 § 2 k.p.: The period of unpaid leave granted under Article 1741 of the Labor Code counts towards the employment period determining employee rights only if the employee resumes work with the original employer.

Keywords

AI generated

unpaid leave share purchase rights labor code provisions employment period calculation employee return requirement

Cited Legislation

AI generated

Art. 1741 § 1 k.p.

Art. 1741 § 2 k.p.

Art. 174 § 2 k.p.

Art. 63 ust. 2 of the Act on Commercialization and Privatization

Art. 398 § 1 k.p.c.

Art. 398 § 21 k.p.c. in conjunction with Art. 108 § 2 k.p.c.

art. 1741 k.p

art. 1741 § 2 k.p

art. 471 k.c

art. 300 k.p

Free leave period counts toward share purchase rights only if employee returns to original employer.

Legislator summary

Legislator headnote

Keywords

Cited Legislation

Need to analyze how this precedent applies to your matter?

Full text