I PK 75/06
AI generated
Labor law ruling: Failure to consult unions does not invalidate transfer of workplace to new employer.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by employees against a transfer of a hospital department to a new private company. The lower court found the employees were transferred but the new employer failed to consult trade unions as required by law. The court held that such procedural violations do not render the transfer invalid or prevent the employees from being taken over by the new entity.
Legislator headnote
AI generatedArt. 231 k.p.; Art. 261 of the Trade Unions Act; The failure of a former employer to consult trade unions regarding the transfer of a workplace does not invalidate the transfer to a new employer or prevent the acquisition of employees.
Keywords
AI generated
transfer of undertaking
trade union consultation
invalidity of transfer
labor law procedure
new employer acquisition
collective bargaining rights
cassation appeal dismissal
Cited Legislation
AI generatedArt. 231 k.p.
Art. 261 of the Trade Unions Act
Directive 2001/23/EC
Art. 398 § 14 k.p.c.
Art. 108 k.p.c.
art. 231 k.p
art. 300 k.p
art. 734 k.c
art. 24 Konstytucji RP
art. 231 § 1 k.p
Cited Case Law
AI generatedCase C-382/92, Commission v United Kingdom
Case C-284/83, Dans Metalabejderforbund and Specialarberforbundet i Danmark v H. Nielsen and Son
Case C-144/87 and C-145/87, Harty Berg and Theodorus Maria Busschers v Ivo Marten Besselsen
I PK 1/03
Supreme Court dismissed appeal; employees lack legal interest to establish employer succession after contract termination.
I PK 456/02
Supreme Court quashes labor dispute verdict regarding municipal health task transfer and employer identity. The court found the employer was the municipality, not the health facility. The case is remanded for retrial to determine the correct employer. The court ruled that the municipality, not the health facility, was the employer because the tasks were not transferred to the facility. The court held that the municipality, not the health facility, was the employer because the tasks were not transferred to the facility. The court held that the municipality, not the health facility, was the employer because the tasks were not transferred to the facility.
I PK 288/03
Public task transfer under Art. 231 k.p. establishes employer change without property acquisition requirement.
II PK 80/04
Supreme Court quashes appeal court ruling for failure to summon state party, remanding case for retrial.
I PK 67/02
Supreme Court dismisses appeal where tenant company failed to challenge landlord's dismissal of employee.