Supreme Court dismissed extraordinary review; fixed-term contract dates did not imply indefinite intent.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the extraordinary review regarding a dispute over severance pay and unused vacation compensation. The plaintiff argued that a fixed-term contract ending in December 1991 should be deemed indefinite due to the employer's later proposal for a longer duration. The court held that since both parties explicitly agreed to a fixed term, no presumption of an indefinite contract applies, and the plaintiff's right to severance did not arise from the contract's expiration.
Regeste Legislator
Généré par l'IAArt. 1, Art. 7a, Art. 10 ust. 1, Art. 11 of the Act on Special Rules for Termination of Employment; Art. 65 of the Civil Code; Art. 300 of the Code of Civil Procedure: Where parties explicitly agree to a fixed-term employment contract, the specific end date precludes a legal presumption of an indefinite-term contract, and the right to severance arises only upon termination by the employer or mutual agreement, not from the natural expiration of the agreed term.