Legislator Case Law & Legislation
I PK 128/06 AI generated

Polish Supreme Court allows 'at request' leave if requested by end of workday per company custom.

Case Number I PK 128/06
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland overturned a lower court's dismissal of a miner's request to return to work, ruling that the employer's termination was premature. The employee had requested leave on the day after his scheduled return, citing a company custom allowing such requests up to 9:00 AM the following day. The court held that while the law requires leave requests by the start date, established workplace practices can extend this deadline, making the employee's absence justified.

Legislator headnote

AI generated

Art. 1672 k.p.; Art. 152 § 1 i 2 k.p.; Art. 161 k.p.; Art. 163 § 1 i 2 k.p.; Art. 164 § 1 i 2 k.p.; Art. 398 § 1 k.p.c.: The statutory deadline for requesting 'at request' leave is the day of its commencement, but established company customs or regulations may validly extend this deadline to a later time.

Keywords

AI generated
at request leave workplace custom Polish labor law justified absence termination of contract labor dispute Supreme Court ruling

Cited Legislation

AI generated
Art. 1672 k.p.
Art. 152 § 1 i 2 k.p.
Art. 161 k.p.
Art. 163 § 1 k.p.
Art. 163 § 2 k.p.
Art. 164 § 1 k.p.
Art. 164 § 2 k.p.
Art. 398 § 1 k.p.c.
art. 1672 k.p
art. 227 k.p.c

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