Supreme Court dismisses appeal, ruling employment relationship change requires mutual agreement, not automatic legal transformation. Appeal also dismissed for lack of proper service of exclusion decision.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by five former employees against a cooperative's decision to exclude them and terminate their employment. The court found that joining a cooperative does not automatically transform a standard employment relationship into a cooperative one; such a change requires a mutual agreement between the parties. Furthermore, the lower court failed to determine whether the exclusion decision was properly served, a procedural defect that necessitated remanding the case to the first-instance court for a full review.
Regeste Legislator
Généré par l'IAArt. 186 § 1 Prawa spółdzielczego; Art. 196 § 2 Prawa spółdzielczego; Art. 24 § 3 Prawa spółdzielczego; Art. 233 § 1 KPC; Art. 393 § 1 KPC: The transformation of a standard employment relationship into a cooperative employment relationship requires a mutual agreement between the parties and cannot occur ex lege upon membership; exclusion decisions must be properly served to take effect, and failure to ascertain this service warrants remand for proper procedural review.