II PK 108/04
AI generated
Supreme Court dismissed cassation; employment contract term must be certain and known to parties.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court's decision rejecting an employee's claim for damages. The employee argued that no preliminary contract existed because the agreed employment date was too vague, citing specific judicial precedents. The court held that while a calendar date is not required, the triggering event for the contract must be specific and known to both parties to ensure legal certainty.
Legislator headnote
AI generatedArt. 389 k.c. w związku z art. 300 k.p.; The term for concluding a promised employment contract must be specific and known to the parties at least approximately.
Keywords
AI generated
employment contract
preliminary agreement
certain term
labor law
cassation appeal
legal certainty
future event
Cited Legislation
AI generatedArt. 389 k.c.
Art. 300 k.p.
Art. 26 k.p.
Art. 393 k.p.c.
art. 389 k.c
art. 300 k.p
art. 4771 § 11 k.p.c
art. 217 § 2 k.p.c
art. 261 § 1 k.p.c
art. 389 k.p.c
Cited Case Law
AI generatedII CRN 331/72
IV CKN 461/00
III CRN 331/72