Supreme Court allows partial damages for breach of promised employment contract and work performed.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially overturned the lower court's dismissal of a claim for damages arising from the employer's refusal to sign a promised employment contract. The plaintiff argued he suffered loss of income, while the employer contended the plaintiff mitigated damages by immediately securing a new job with identical pay. The court ruled that the plaintiff was entitled to compensation for work performed without a contract but denied the claim for lost future salary due to mitigation.
Legislator headnote
AI generatedArt. 390 § 1 k.c.; Art. 300 k.p.: If an employer refuses to conclude a promised employment contract, the employee may claim damages for loss of remuneration from the terminated relationship; however, if the employee mitigates the loss by securing comparable employment, the claim for lost future income is reduced to the difference in earnings, while compensation for work performed remains valid.