Gloss to the judgement of the Supreme Court of 21 February 2019, I PK 243/17

Abstract

In the judgement, the Supreme Court unambiguously stated that the provision adopted by the parties in the employment contract setting 31 December as the only notice period in a calendar year is legal. While the Supreme Court correctly specified the consequences to which the linking of the above provision with the stipulation of the 3-month notice period in the contract leads (the possibility to extend the period), it was too superficial in its analysis of the advantageousness of this provision for the employee in comparison with the provisions of the labour law, although from the perspective of the principle of privilege of employee, this assessment was of decisive importance for the validity and binding nature of the provision.