Supreme Court quashes appeal ruling on civil servant status change due to voluntary employment agreement.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision regarding the nature of the employment relationship between the plaintiff and the defendant. The plaintiff argued that a new employment agreement transformed his status from a civil servant to a regular employee, while the defendant contended the lower court erred in applying constitutional and statutory provisions. The court ruled that the transformation was voluntary and dependent on the employee's consent, thereby invalidating the lower court's finding that the relationship remained based on the appointment act.
Legislator headnote
AI generatedArt. 74 ust. 2, 3 ustawy o nadzorze nad rynkiem finansowym; Art. 153 ust. 1 Konstytucji; Art. 2 ust. 1 pkt 2 ustawy o służbie cywilnej: A change in employment status from civil servant to regular employee resulting from a voluntary agreement constitutes a new legal relationship, and a lower court's finding that the original appointment act remains the basis for the relationship violates the principle of voluntary consent.