II PK 245/06 AI generated

Supreme Court dismisses appeal when employee's link to acquired plant part cannot be established under Labor Code.

Case Number II PK 245/06

Court / Authority Sąd Najwyższy

Jurisdiction

Poland (PL)

Decision Date 2007-04-03

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal regarding her employment status after a state-owned farm was partially transferred to a housing cooperative. The lower court incorrectly assumed the employee remained with the original employer because her duties covered the entire former enterprise. The Supreme Court ruled that when it is impossible to determine which specific part of the acquired plant the employee was linked to, the change of employer does not apply to them.

Legislator headnote

AI generated

Art. 231 § 1 k.p.; When it is impossible to determine whether an employee was factually linked to the acquired part of a business, the change of employer does not apply to that employee.

Keywords

AI generated

change of employer labor code provision employee link determination partial business transfer impossible fact finding labor relations continuity cassation appeal dismissal

Cited Legislation

AI generated

Art. 231 § 1 k.p.

Art. 398 § 1 k.p.c.

Art. 108 § 2 k.p.c.

Art. 398 § 21 k.p.c.

art. 231 § 1 k.p

art. 231 k.p

art. 3983 §1 pkt 2 k.p.c

art. 231 § 4 k.p

art. 3983 § 1 k.p.c

art. 233 k.p.c

Cited Case Law

AI generated

Supreme Court allows appeal regarding scope of Art. 23 § 1 KP when employer changes activity type after asset acquisition.

Supreme Court dismisses appeal; mandatory employer takeover under Art. 231 § 1 KP prevails over private contract clauses.

Civil law lease agreement cannot exclude Labor Code application; employment relationship transfers automatically by law.

Supreme Court dismissed cassation; employee not transferred to health unit upon lease termination due to lack of organizational link.

Polish Supreme Court dismisses appeal; unilateral employer reassignment to new unit does not trigger transfer under Art. 231 k.p.

Supreme Court dismissed extraordinary review regarding forced transfer to new entity as legal employer under labor code.

Supreme Court allows partial transfer of school tasks under Labor Code Art. 231, dismissing appeal.

Supreme Court dismisses legal question submission as it is not a legal issue but a factual assessment of employment transfer.

Supreme Court voids transfer under Art. 231 KP if employee wasn't in acquired part and transferred later.

Arie Botzen and others v Rotterdamsche Droogdok Maatschappij BV

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