I PRN 72/96
AI generated
Supreme Court dismissed extraordinary review regarding forced transfer to new entity as legal employer under labor code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the extraordinary review filed by the Solidarity union against a labor court ruling. The plaintiff argued that his involuntary transfer to a new company violated a collective agreement guaranteeing voluntary transitions and his special protection as a union committee member. The court held that the transfer constituted a legal change of employer rather than a breach of the agreement, rendering reinstatement claims inapplicable.
Legislator headnote
AI generatedArt. 23 § 1, Art. 23 § 2, Art. 32 ust. 1, Art. 38 Kodeksu Pracy; When an employer transfers an employee to a newly created entity based on acquired assets, the new entity becomes the legal employer, and the employee cannot claim reinstatement to the original employer.
Keywords
AI generated
extraordinary review dismissal
change of employer
collective agreement breach
union committee protection
labor code transfer
Cited Legislation
AI generatedart. 23 § 1 Kodeksu Pracy
art. 23 § 2 Kodeksu Pracy
art. 32 ust. 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
art. 38 Kodeksu Pracy
art. 241 § 8 Kodeksu Pracy
art. 421 § 1 Kodeksu Postępowania Cywilnego