In the decision of February 22, 2023 (I PSK 48/22), the Supreme Court stated that recognizing the termination of an illegally concluded long-term fixed-term employment contract upon the expiry of the period for which it was concluded (Article 30 § 1 point 4 of the Labor Code) does not does not exclude or destroy the employee’s legal interest in determining the validity of an employment contract for an indefinite period from the starting date of the invalid conclusion of a long-term employment contract (Article 189 of the Code of Civil Procedure in connection with Article 8 of the Code of Civil Procedure and Article 58 of the Civil Code in connection with Article 300 of the Code of Civil Procedure in opposition to Article 30 § 1 point 4 of the Labor Code).
The Supreme Court recalled that this issue was the subject of considerations of the Supreme Court, which in the judgment of August 6, 2019, II PK 41/18 – LEX No. 3363960, stated that, subject to proper judgment, the unlawful conclusion of long-term employment contracts, instead of the correct conclusion open-ended labor law contracts, constitutes and justifies a legal interest in determining the conclusion and validity of an employment contract for an indefinite period from the date of conclusion of illegal fixed-term employment relationships. In the justification for the judgment, the Supreme Court stated that during the validity of the contested fixed-term employment contract, the employee always has a legal interest in establishing a lawful, indefinite employment relationship by means of an action for determination (Article 189 of the Code of Civil Procedure), if the employer confirmed the conclusion in writing. disputed type of fixed-term employment contract (Article 29 § 2 of the Labor Code)