Supreme Court dismissed appeal; bankruptcy liquidation does not trigger special protection against dismissal under Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by employees against their dismissal following the employer's bankruptcy liquidation. The court found that the Labor Code's special protection against dismissal for bankruptcy does not apply when the employer's assets are transferred to new entities without the employer's involvement in hiring. Consequently, the court ruled that the general rule allowing dismissal upon liquidation remains valid and the lower court correctly applied the law.
Legislator headnote
AI generatedArt. 32 ust. 1 ustawy o związkach zawodowych; Art. 41 ust. 1 § 1 Kodeksu pracy; Art. 23 ust. 1 Kodeksu pracy: The special protection against dismissal upon employer bankruptcy does not apply when the business is transferred to new entities, as the original employment relationship is terminated and the transfer does not preserve the status of the employee under the special protection regime.