Supreme Court dismissed appeal regarding application of indefinite term contract law to pre-implementation fixed-term agreements.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Janusz R. against a lower court ruling that established an indefinite-term employment relationship. The plaintiff argued that his history of repeated fixed-term contracts demonstrated a need for permanent employment, citing Article 25 § 1 of the Labor Code. The Court rejected this, noting the specific nature of his work as an emergency medical staff member and the employer's explicit refusal to offer permanent status, thereby upholding the validity of the fixed-term contract signed after the new law took effect.
Legislator headnote
AI generatedArt. 25 § 1 Kodeksu pracy; Art. 373 Kodeksu postępowania cywilnego; The provision establishing indefinite-term employment applies only to fixed-term contracts concluded after the law's entry into force, and the principle of non-retroactivity prevails over the presumption of permanent employment when the employer's refusal is objectively justified.