I PKN 34/97
Generato dall'IA
Appointed public employee's transfer with consent does not convert appointment contract to employment contract.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal filed by a municipal official seeking reinstatement after termination. The lower courts found that the official remained an appointed employee after accepting a new role within the reorganized department with the mayor's consent. The court ruled that such a transfer does not transform the appointment relationship into an employment contract under the relevant statute.
Regesto Legislator
Generato dall'IAUstawa o pracownikach samorządowych; Kodeks pracy: An appointment of a public employee to a different position with their consent does not constitute a conversion to an employment contract relationship.
Parole chiave
Generato dall'IA
public employee appointment
municipal reorganization
employment contract conversion
consent to transfer
reinstatement claim
dismissal of cassation
labor law statute
Disposizioni normative citate
Generato dall'IAart. 10 of the Act on Public Employees
art. 31 ust. 1 of the Act on Public Employees
art. 45 § 2 of the Code of Civil Procedure
art. 45 § 1 of the Code of Civil Procedure
art. 393 § 12 of the Code of Civil Procedure