I PK 80/07
AI generated
Supreme Court allows appeal regarding transfer of part of workplace to new employer under Art. 231 § 1 k.p.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court partially allowed the cassation appeal against a regional court judgment ordering joint liability for a teacher's wages. The court found the lower court failed to determine if the plaintiff was included in the transfer of the part of the workplace to the new private university. Consequently, the Supreme Court declared the lower court's ruling regarding the new employer invalid and remanded the case for a new decision on costs.
Legislator headnote
AI generatedArt. 231 § 1 k.p.; Art. 231 § 2 k.p.; Art. 398 § 1 k.p.c.: The transfer of part of the workplace to a new employer does not automatically include all employees; the court must ascertain whether the specific employee was covered by the transfer at the relevant time.
Keywords
AI generated
transfer of workplace
joint employer liability
private university
academic staff
cassation appeal
labor law
solidary debt
Cited Legislation
AI generatedArt. 231 § 1 k.p.
Art. 231 § 2 k.p.
Art. 231 § 3 k.p.
Art. 231 § 4 k.p.
Art. 398 § 1 k.p.c.
art. 231 § 1 k.p
art. 231 k.p
art. 231 § 2 k.p
art. 8 k.p
art. 3983 § 1 k.p.c
Cited Case Law
AI generatedI PK 1/03
Supreme Court dismissed appeal; employees lack legal interest to establish employer succession after contract termination.
I PK 103/04
Transfer of business premises automatically transfers employees, preventing the former employer from terminating their contracts.
I PK 75/06
Labor law ruling: Failure to consult unions does not invalidate transfer of workplace to new employer.
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.
II PK 80/04
Supreme Court quashes appeal court ruling for failure to summon state party, remanding case for retrial.