II PK 340/07
AI generated
Supreme Court voids employment contract clauses forcing lawyer trainee to work for employer during mandatory bar exam preparation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the State's claim for repayment of wages paid to a lawyer trainee who resigned during mandatory bar exam preparation. The Regional Court found that a specific contract clause requiring the employee to work or repay costs during this period violated mandatory labor law protections. Consequently, the Supreme Court upheld the decision that such contractual terms are void as they undermine statutory rights.
Legislator headnote
AI generatedArt. 58 § 1 k.c.; Art. 34, 36 of the Lawyers Act; A civil law contract clause that imposes obligations on an employee more burdensome than those mandated by mandatory labor law provisions is void.
Keywords
AI generated
mandatory labor law
lawyer trainee
void contract clause
statutory rights
employment relationship
civil law contract
wage repayment
Cited Legislation
AI generatedArt. 58 § 1 k.c.
Art. 34 of the Lawyers Act
Art. 36 of the Lawyers Act
Art. 353 § 1 k.c.
Art. 487 § 2 k.c.
Art. 18 § 2 k.p.
Art. 398 § 1 k.p.c.
Art. 398 § 21 k.p.c.
Art. 108 § 2 k.p.c.
art. 58 § 1 k.c
Cited Case Law
AI generatedII PK 340/08