II PK 302/10 AI generated

Vacation leave entitlement during notice period depends solely on employer's will and cannot be forced by employee.

Case Number II PK 302/10

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2011-04-26

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's claim for monetary compensation for unused vacation leave taken during the employer's notice period. The court held that while the employer may unilaterally decide whether to grant leave during this period, they cannot force the employee to work if the employee is not required to perform duties. Consequently, the lower court's rejection of the claim was upheld as there was no legal basis for mandating leave usage or denying it.

Legislator headnote

AI generated

Art. 1671 k.p.; Art. 70 § 2 k.p.: The employer's decision to grant vacation leave during the notice period is discretionary and binding on the employee; the employee cannot demand such leave be granted or refused, and the employer may not compel the employee to use it if no work obligation exists.