I PKN 508/99
AI generated
Supreme Court dismisses appeal; mandatory employer takeover under Art. 231 § 1 KP prevails over private contract clauses.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by three former employees against a thermal power plant. The court found that the mandatory takeover of employees under Article 231 § 1 of the Labor Code occurs by operation of law and cannot be negated by a private agreement between employers. Consequently, the plaintiffs' claim to re-establish employment based on a preliminary contract clause was rejected as legally ineffective.
Legislator headnote
AI generatedArt. 231 § 1 KP; Art. 393 § 1 KC: The mandatory takeover of employees by a new employer pursuant to Article 231 § 1 of the Labor Code occurs by operation of law and cannot be excluded or modified by a private agreement between the former and new employers.
Keywords
AI generated
mandatory employer takeover
Labor Code Art. 231
operation of law
invalid contract clause
employee re-employment
cassation appeal dismissal
labor law supremacy
Cited Legislation
AI generatedArt. 231 § 1 KP
Art. 393 § 1 KC
Art. 58 § 1 KC
Art. 13 ECHR
Art. 187 § 1 pkt 2 KPC
Art. 321 KPC
Art. 4771 KPC
Art. 102 KPC