Supreme Court rules that changing an open-ended employment contract to a fixed-term one via notice is inadmissible.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe 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.
Regeste Legislator
Généré par l'IAArt. 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.