Legislator Case Law & Legislation
I PK 96/08 AI generated

Contract clause allowing employer to change work location without limits is void under Labor Code.

Case Number I PK 96/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against a labor court judgment awarding travel allowances to employees. The court found that the employment contracts contained an unqualified clause permitting the employer to change the work location without specifying the destination or duration, which violated the Labor Code. Consequently, the court ruled such clauses void because they restrict employee rights without statutory basis, thereby upholding the lower court's decision to award the claimed allowances.

Legislator headnote

AI generated

Art. 18 § 2 k.p.; Art. 9 § 2 k.p.: A contractual clause granting the employer an unrestricted right to change the place of work without defining the location or period is void as it violates the principle of protection of the employee.

Keywords

AI generated
Labor Code Employment Contract Work Location Change Employee Protection Travel Allowances Cassation Appeal Void Clause

Cited Legislation

AI generated
Art. 18 § 2 k.p.
Art. 9 § 2 k.p.
Art. 775 § 1 k.p.
Art. 775 § 3 k.p.
Art. 775 § 4 k.p.
Art. 398 § 1 k.p.c.
Art. 3987 § 1 k.p.c.
Art. 167 k.p.c.
Art. 391 § 1 k.p.c.
Art. 39821 k.p.c.

Cited Case Law

AI generated

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