Legislator Case Law & Legislation
II PK 48/11 AI generated

Supreme Court dismissed cassation; invalidity of old labor law did not void training cost reimbursement contract.

Case Number II PK 48/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's cassation appeal against a labor court judgment ordering the employee to reimburse the employer for vocational training costs. The employer argued that the invalidity of the repealed Article 103 of the Labor Code and the associated regulation did not retroactively invalidate the contract signed under those rules. The court held that the legislature explicitly preserved the validity of such contracts concluded before the new law took effect, thereby curing the legal defect of the repealed regulation.

Legislator headnote

AI generated

Art. 103 k.p.; Dz.U. Nr 103, poz. 472; Art. 3 of the Act of 20 May 2010 on amending the Labor Code; The invalidity of a regulation governing vocational training does not retroactively invalidate a contract concluded under it if the legislature subsequently enacted provisions preserving the contract's validity.

Keywords

AI generated
labor code invalidity vocational training contract reimbursement of costs retroactive invalidity legislative cure of defect

Cited Legislation

AI generated
Art. 103 k.p.
Dz.U. Nr 103, poz. 472
Art. 3 of the Act of 20 May 2010 on amending the Labor Code
Art. 3531 k.c.
Art. 12 300 k.p.
Art. 17 k.p.
Art. 39814 k.p.c.
art. 103 k.p
art. 231 k.p
art. 52 § 1 pkt 2 k.p

Cited Case Law

AI generated

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