Supreme Court allows conversion of fixed-term contracts to open-ended if gaps between prior contracts were under one month.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland overturned the lower court's dismissal of the plaintiff's claim to convert a fixed-term employment contract into an open-ended one. Although the third contract was signed after the new Labor Code entered into force, the court found that two prior fixed-term contracts had been concluded with a gap of less than one month. Consequently, the court ruled that the statutory mechanism for automatic conversion applied retroactively to the entire sequence of contracts to prevent circumvention of labor protections.
Regeste Legislator
Généré par l'IAArt. 25 § 1 Kodeksu pracy; Art. 393 § 13 Kodeksu postępowania cywilnego: The automatic conversion of a fixed-term contract to an open-ended one applies when a third consecutive fixed-term contract is signed, provided the gap between the termination of the second and the signing of the third contract did not exceed one month, regardless of when the third contract was formally executed.