Supreme Court allows employee severance claim when employer reorganization falls outside specific public administration reform laws.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal, allowing the employee's claim for severance pay following an organizational change. The plaintiff argued that the transfer of duties from a municipal office to a county inspectorate constituted a work transfer under labor law. The court held that while the 1998 Public Administration Reform Act covered specific regional office staff, it did not apply to the plaintiff employed by a municipal office, leaving the general labor law provision on work transfers in force.
Regeste Legislator
Généré par l'IAArt. 231 k.p.; Art. 41 ust. 2 ustawy z dnia 13 października 1998 r. - The general provision on work transfers applies to employer reorganizations in the public administration unless explicitly excluded by a special regulation, which does not cover employees of municipal offices under the 1998 reform act.