Cases

Entrusted property and sickness leave

One of our Clients asked us whether he can demand return of entrusted property from an employee who is on long-term sick leave. Company’s property is owned by an employer, who entrusts it to an employee in order to perform his/her duties. In principle, an employee has a duty to return such entrusted...

Longer notice not always possible

One of our Clients wondered whether it is legally possible to lengthen the employee’s notice period in his/her employment contract. This matter is not regulated in statutory law, but according to jurisprudence it is admissible if such contract regulation will be favourable for employee. Thus, lengthening...

Amount of compensation for mobbing

One of our Clients wanted to find out what is the amount of compensation due to the injured person as a result of mobbing activity. The rules developed by the judicature show that the justified amount of compensation for the injured person is determined primarily by the extent of the harm suffered,...

Exclusivity excluded

One of our clients wanted to know if the clause restricting the opening of new stores within 3 kilometers of the current location of the leased property could be a deed of unfair competition. The exclusivity clauses give the lessee an exclusive right to conduct certain activities in a commercial facility...

Is it possible to terminate a service contract?

One of the clients of our firm has entered into a service contract. Unfortunately, the other party did not fulfill its commitment and not carried out any services, so that the customer was determined to terminate the relationship with your partner. Our client has paid the advance and wanted her back....

No consequences (principally)

One of the clients of our law firm wanted to know if he could put on the legal consequences if the grant parental leave to the employee, knowing in advance that he will not be able personally to care for his child. The employer shall not bear any consequences due to the fact that knowing that the worker...

Annuity agreement or lifelong easement of dwelling

One of our clients was wondering what is a difference between annuity agreement and a lifelong easement of dwelling from the legal perspective. In annuity agreement acquirer in return for the transfer of the ownership of the real estate undertakes to provide a transferor the lifelong maintenance. He...

Teamwork skills

One of our client was wondering whether he is allowed to dismiss his employee who cannot work in a team. In order to answer to this question, it is worth to refer to the jurisprudence of the Supreme Court. In its judgment of 15 April 1999 (I PKN 14/99), Supreme Court ruled that employee's inability...

Resignation

One of our customers wanted to know at what moment the resignation of a member of the board has legal effects. In addition, he wanted to know whether there is a statutory time limit for the notification of such a change in the national commercial register. In the first of the issues it should be noted...

Termination of a contact by an email

In one of cases conducted by law office a client was wondering if an agreement concluded in a written form has to be terminated in the same form or if it is possible to do this by any other means. In the light of article 77 section 2 of the Polish civil code termination or the withdrawal of the agreement...

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