University statute provisions are subordinate to Labor Code; transfer causing loss of director role violates termination rules.
Legislator summary
AI generatedThe Supreme Court allowed the plaintiff's claim for damages against the Medical Academy regarding his termination. The plaintiff, a professor, was transferred to a different unit, which automatically stripped him of his director role despite the university statute governing this function. The court ruled that this transfer constituted a material change in the employment contract terms without following the mandatory procedures required by the Labor Code. Consequently, the lower court's dismissal was overturned, and the plaintiff was awarded compensation for the illegal modification of his employment conditions.
Legislator headnote
AI generatedArt. 9 § 1, 2 k.p.; Art. 42 k.p.; Statutory provisions on university statutes are subordinate to the Labor Code and cannot be less favorable to employees; A transfer of an academic staff member to a different unit that results in the loss of a director role constitutes a material change in the employment contract terms, requiring strict adherence to statutory termination procedures.