Legislator Case Law & Legislation
I PKN 159/98 AI generated

Supreme Court allows appeal regarding scope of Art. 23 § 1 KP when employer changes activity type after asset acquisition.

Case Number I PKN 159/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially quashed the lower court's judgment regarding the scope of application of Article 23 § 1 of the Labour Code. The plaintiff argued that the new employer's activity differed from the previous one, while the lower court incorrectly assumed continuity based solely on the acquired assets. The court ruled that the legal scope depends on the new employer's chosen activity, not merely the nature of the acquired assets, thus remanding the case to determine the specific employment relationship timeline.

Legislator headnote

AI generated

Art. 23 § 1 Kodeksu pracy; The scope of application of the provision regarding transfer of employment is determined by the new employer's chosen activity, not by the nature of the acquired assets.

Keywords

AI generated
Labour Code Article 23 Employment Transfer Asset Acquisition Change of Employer Continuity of Employment Supreme Court Quashing Remand for Reconsideration

Cited Legislation

AI generated
Art. 23 § 1 Kodeksu pracy
Art. 393 § 13 KPC

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