Legislator Case Law & Legislation
I PKN 131/97 AI generated

Supreme Court ruled that assigning unskilled cleaning work to a qualified chemist during notice period violates labor law.

Case Number I PKN 131/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's dismissal of the plaintiff's claim to return to her job. The plaintiff, a qualified chemical technician, was terminated for refusing to perform unskilled cleaning duties during her notice period. The court held that assigning such work without her consent violated specific labor law protections regarding job qualifications and notice periods.

Legislator headnote

AI generated

Art. 42 § 4 KP; Art. 52 § 1 KP: Assigning a worker to unskilled work during the notice period without consent violates the strict interpretation of job qualification guarantees and constitutes a breach of fundamental duties, justifying dismissal only if the worker refuses lawful work, not unskilled work assigned in violation of the notice period rules.

Keywords

AI generated
labor law notice period job qualification protection unskilled work assignment termination without notice labor dispute appeal employee duties breach labor law interpretation

Cited Legislation

AI generated
Art. 42 § 4 KP
Art. 52 § 1 KP
Art. 52 § 1 pkt 1 KP
Art. 10 ust. 1 ustawy z dnia 28 grudnia 1989 r.
Art. 393 § 13 pkt 1 KPC

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