Polish Supreme Court ruled that a municipal council's failure to approve a termination within 30 days does not constitute consent to end the employment contract.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland overturned a lower court decision that had reinstated a council member employee after the employer failed to obtain the required municipal council approval for termination. The court found that the employer's request for consent was not approved within the statutory 30-day window, meaning the termination was invalid. Consequently, the court held that the employee must be reinstated to their former position, rejecting the employer's argument that the role's liquidation justified immediate dismissal.
Legislator headnote
AI generatedArt. 25 ust. 2 ustawy o samorządzie gminnym; Art. 8 k.p.: The failure of a municipal council to express consent to terminate an employee's contract within the statutory period does not constitute consent, and the employee must be reinstated unless the position's liquidation makes reinstatement objectively impossible.