Termination of the contra legem employment contract and the compensation liability on the part of the employer

Judgement of the Supreme Court of 1 March 2018 in Case II PK 18/17

Abstract

The Author of the commentary analyses the judgement of the Supreme Court taking into particular account the specific factual circumstances of the case in which the judgement has been pronounced. The most important issue here is the analysis of the defence of abuse of rights in the area of labour law relations and, therefore, its influence on legal classification of a given conduct as a conduct not worthy of legal protection. The judgement also concerns the possibility of contractual shortening or prolongation of the periods of notice relevant for the termination of the contract of employment provided for in the Labour Code.