Employment contract termination due to temporary arrest requires three months of absence, not the arrest duration itself.
Legislator summary
AI generatedThe Supreme Court dismissed cassation appeals regarding the termination of an employment contract based on a three-month absence caused by temporary arrest. The plaintiff argued the contract expired on the day she was released, while the defendant contended it expired after three full months of non-attendance. The court ruled that the termination condition is strictly the passage of three months of absence, calculated according to civil law, and that the employer's subsequent re-employment obligation does not validate the initial termination.
Legislator headnote
AI generatedArt. 66 § 1 k.p.; Art. 112 k.c.; The expiration of an employment contract due to temporary arrest is triggered by the lapse of three months of absence, not by the duration of the arrest itself, and the employer is obligated to re-employ the worker if criminal proceedings are dropped or result in acquittal.