I PK 215/08 AI generated

Invalid employment contract does not preclude later per facta concludentia agreement on same or different terms.

Case Number I PK 215/08

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2009-04-07

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the validity of a subsequent employment agreement. The lower court found that the invalid 2005 contract did not prevent a new agreement from being formed per facta concludentia based on the parties' conduct. The court upheld this decision, noting that the employer's board had previously evaluated the employee's qualifications positively and that the invalidity of the initial contract did not bar future employment relations.

Legislator headnote

AI generated

Art. 379 § 1 k.s.h.; An invalid employment contract does not exclude the subsequent conclusion of an employment agreement per facta concludentia on the terms specified in the invalid agreement or on different terms.

Keywords

AI generated

invalid employment contract per facta concludentia subsequent agreement labor law Supreme Court cassation appeal employer liability

Cited Legislation

AI generated

Art. 379 § 1 k.s.h.

Art. 368 § 4 k.s.h.

Art. 370 § 1 k.s.h.

Art. 483 k.s.h.

Art. 231 k.p.c.

Art. 227 k.p.c.

Art. 232 k.p.c.

Art. 328 § 2 k.p.c.

Art. 391 § 1 k.p.c.

Art. 378 § 1 k.p.c.

Art. 381 k.p.c.

Art. 382 k.p.c.

Art. 233 § 1 k.p.c.

Art. 393 § 3 k.p.c.

Art. 398 k.p.c.

Cited Case Law

AI generated

III PK 27/05 (OSNP 2006 nr 9-10, poz. 141)

Invalid employment contract creates obligations upon employee acceptance and employer acceptance of work terms.

Supreme Court dismissed appeal; lack of formal board resolution does not invalidate employment contract if majority consented.

Non-authorized post-employment non-compete agreement signed by board chair is void under Polish law.

Supreme Court voids non-compete agreement signed by sole board member without collective resolution.

Supreme Court dismisses appeal on contract interpretation, ruling text and context bind parties' intent.

Supreme Court allows vacation pay claim but dismisses penalties against a company manager for implied employment contract.

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