Civil law lease agreement cannot exclude Labor Code application; employment relationship transfers automatically by law.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the plaintiff's claim to establish an employment relationship with a sanatorium after a civil lease agreement was terminated. The court found that while the plaintiff argued the lease terms governed the transfer of employees, the law mandates that new employers automatically assume rights and obligations regarding transferred workers regardless of private agreements. Consequently, the lower court's failure to apply Article 23 § 1 of the Labor Code was corrected, and the case was remanded for a new determination of the specific employment status.
Regeste Legislator
Généré par l'IAArt. 23 § 1 k.p.; Art. 3 k.p.; A civil law agreement (such as a lease) cannot exclude the application of the Labor Code; the transfer of employment rights and obligations to a new employer occurs by operation of law and is independent of how the transfer is regulated between the parties of the civil agreement.