Fixed-term contract before crisis law expires within 24 months remains fixed-term, not converted to open-ended.
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether a fixed-term employment contract concluded before the 2009 crisis law entered into force automatically converts to an open-ended contract if it expires after 24 months. The plaintiff argued that the law's 24-month limit should retroactively invalidate the contract and force conversion, while the employer contended the contract should simply expire as originally agreed. The court ruled that the contract remains fixed-term and expires on its original date, rejecting the argument that the law's protective measures apply retroactively to contracts finalized prior to its enactment.
Legislator headnote
AI generatedArt. 13 ust. 1 k.p.; art. 35 ust. 2 ustawy z dnia 1 lipca 2009 r. o łagodzeniu skutków kryzysu ekonomicznego: A fixed-term employment contract concluded before the entry into force of the crisis mitigation law and expiring within the 24-month period remains a fixed-term contract and does not automatically convert to an open-ended contract.