Legislator Case Law & Legislation
I PKN 301/97 AI generated

Supreme Court allows partial transfer of school tasks under Labor Code Art. 231, dismissing appeal.

Case Number I PKN 301/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the plaintiff's cassation appeal regarding the termination of her employment contract. The court found that due to organizational changes and the creation of a new school, there was no longer a need for the plaintiff's work in her previous position. Consequently, the court ruled that a partial takeover of the school's tasks occurred under Article 231 of the Labor Code. The decision was based on the principle that if a public service employer no longer requires an employee's work in the same place and scope after reorganization, a partial transfer is deemed to have happened.

Legislator headnote

AI generated

Art. 231 § 1 Kodeksu Pracy; Art. 393 § 13 Kodeksu Postępowania Cywilnego: In cases of doubt regarding the partial takeover of a workplace, particularly for public service entities, the existence of a genuine need for the employee's former work in the same place and scope is decisive; if such need is absent due to reorganization, a partial takeover is presumed.

Keywords

AI generated
partial takeover of workplace Labor Code Article 231 public service employer organizational reorganization labor contract termination cassation appeal dismissal genuine need for work

Cited Legislation

AI generated
Art. 231 § 1 Kodeksu Pracy
Art. 393 § 13 Kodeksu Postępowania Cywilnego
Art. 108 § 2 Kodeksu Postępowania Cywilnego
Art. 393 § 19 Kodeksu Postępowania Cywilnego

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