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.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 23 § 1 Kodeksu pracy
Art. 393 § 13 KPC