Supreme Court voids transfer under Art. 231 KP if employee wasn't in acquired part and transferred later.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court reversed the lower courts' dismissal of the plaintiff's claim regarding an invalid work transfer. The court found that the plaintiff was not employed in the specific part of the factory acquired by the new employer and was transferred after the acquisition date. Consequently, the transfer violated Article 231 of the Labor Code and the statutory protection of employment stability, requiring the plaintiff to be reinstated.
Legislator headnote
AI generatedArt. 231 Kodeksu Pracy; Art. 32 ust. 2 ustawy o związkach zawodowych; Art. 15 ustawy o komercjalizacji i prywatyzacji: A transfer of an employee to a new employer created from an acquired part of the workplace under Article 231 of the Labor Code does not occur if the employee was not employed in the acquired part and was transferred at a date later than the transfer of that part to the new employer.