Legislator Case Law & Legislation
I PZP 1/94 AI generated

Employment contract continues after employer's death if business is inherited as a going concern.

Case Number I PZP 1/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether an employment contract terminates upon the death of a sole proprietor. The court held that the contract continues if the business is inherited as a going concern, but terminates if the business assets are not fully acquired. This decision clarifies that the continuity of the business entity, rather than the individual's death, determines the fate of the labor relationship.

Legislator headnote

AI generated

Art. 231 § 2 k.p.; Art. 3 k.p.: An employment contract with a sole proprietor terminates upon death unless the business is inherited as a going concern, in which case the contract continues with the successor.

Keywords

AI generated
employment contract termination sole proprietor death business inheritance going concern doctrine labor law succession employee rights protection employer liability continuity

Cited Legislation

AI generated
Art. 231 § 2 of the Labor Code
Art. 3 of the Labor Code
Art. 526 of the Civil Code
art. 391 k.p.c
art. 300 k.p
art. 922 § 1 k.c
art. 922 § 2 k.c
art. 231 § 2 k.p
art. 231 k.p
art. 3 k.p

Cited Case Law

AI generated
I PZP 35/80
V PZP 12/78
I PRN 93/93
I PRN 95/93
I PRN 75/93
I PRN 77/93
C II 1751/36
C III 1212/35

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