II PK 257/09
AI generated
Free leave period does not count as worked time if civil contracts continue employment duties.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the Ministry of Finance's cassation appeal against a lower court ruling that denied the employee's obligation to repay training costs. The employee had taken unpaid leave while simultaneously performing legal duties under civil law contracts for the employer. The court held that this arrangement constituted a sham leave because the employee continued to work using acquired qualifications, thereby fulfilling the required service period.
Legislator headnote
AI generatedArt. 174 § 1 k.p.; The period of unpaid leave cannot be considered as worked time if the employee continues to perform duties for the employer under civil law contracts, as this demonstrates a lack of genuine suspension of work obligations.
Keywords
AI generated
unpaid leave
civil law contracts
sham employment
training costs
service period
labor law
employer liability
Cited Legislation
AI generatedArt. 174 § 1 k.p.
art. 174 § 1 k.p
art. 174 k.p
art. 65 § 2 k.c
art. 300 k.p
art. 233 k.p.c
art. 174 § 2 k.p