Legislator Case Law & Legislation
I PK 288/03 AI generated

Public task transfer under Art. 231 k.p. establishes employer change without property acquisition requirement.

Case Number I PK 288/03
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a labor dispute arising from the transfer of public employment tasks between administrative bodies. The plaintiff argued that a change in employer requires the transfer of tangible assets, but the court held that for public entities performing non-material public duties, the personal factor of the tasks determines the establishment of a new workplace. Consequently, the statutory transfer of competencies under Article 231 of the Labor Code automatically effected a change of employer without the need for asset acquisition.

Legislator headnote

AI generated

Art. 231 k.p.; When public authorities transfer competencies to perform non-material public tasks, the change of employer is established by the transfer of tasks and personnel rather than the acquisition of tangible assets.

Keywords

AI generated
public task transfer labor code article 231 change of employer public administration non-material duties personnel transfer administrative competencies

Cited Legislation

AI generated
Art. 231 k.p.
Art. 393 § 12 k.p.c.
art. 231 k.p
art. 393 § 1 k.p.c
art. 231 § 1 k.p
art. 39312 k.p.c

Cited Case Law

AI generated

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