I PKN 299/97
AI generated
Supreme Court dismissed cassation; employee not transferred to health unit upon lease termination due to lack of organizational link.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Barbara S. against a labor dispute involving a sanatorium and a commercial enterprise. The court found that although a commercial company leased the sanatorium, the plaintiff was hired by the company and remained organizationally linked to it rather than the health unit. Consequently, the termination of the lease did not automatically transfer her employment to the sanatorium, as she was never formally or factually assigned to its specific organizational unit.
Legislator headnote
AI generatedArt. 23 § 1 pkt 2 KP; Art. 393 § 12 KPC: In partial acquisition of a workplace, the transfer of employment depends on the employee's organizational link to the specific unit acquired, not merely the acquisition itself.
Keywords
AI generated
partial workplace acquisition
labor transfer rules
organizational unit link
lease termination effects
employee status continuity
cassation dismissal
healthcare unit employment
Cited Legislation
AI generatedArt. 23 § 1 pkt 2 KP
Art. 393 § 12 KPC