Legislator Case Law & Legislation
I PZP 52/93 AI generated

Supreme Court rules that changing an open-ended employment contract to a fixed-term one via notice is inadmissible.

Case Number I PZP 52/93
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Inadmissible

Legislator summary

AI generated

The Supreme Court ruled that converting an open-ended employment contract to a fixed-term contract through a terminating notice is legally impermissible. The court distinguished between the legal concept of the contract's type (duration) and its specific terms, emphasizing that the type is determined by the parties' agreement at formation. Consequently, the court held that such a unilateral change by the employer would undermine the stability guarantees provided to employees under open-ended contracts.

Legislator headnote

AI generated

Art. 29 § 1 k.p.; Art. 42 § 1 k.p.: The type of an employment contract, defined by its duration, is an autonomous legal concept distinct from its terms; therefore, a unilateral terminating notice cannot validly change an open-ended contract into a fixed-term contract.

Keywords

AI generated
employment contract type open-ended contract fixed-term contract unilateral termination notice labor law stability Kodeks Pracy unilateral modification

Cited Legislation

AI generated
Art. 29 § 1 k.p.
Art. 25 § 1 k.p.
Art. 42 § 1 k.p.
Art. 45 § 1 k.p.
Art. 42 § 2-4 k.p.
art. 42 k.p
art. 42 § 1 k.p
art. 29 § 1 k.p
art. 25 § 1 k.p
art. 56 k.c

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