Polish Supreme Court dismisses appeal; unilateral employer reassignment to new unit does not trigger transfer under Art. 231 k.p.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court of Poland dismissed the cassation appeal filed by an employee against her employer regarding a transfer of work units. The employer unilaterally assigned the employee to a newly created department, claiming this triggered a statutory transfer of employment under Article 231 of the Labor Code. The court ruled that such a transfer requires a direct functional link between the employee's duties and the specific new unit, which was absent here. Consequently, the unilateral reassignment was deemed invalid for the purpose of transferring the employment relationship.
Regeste Legislator
Généré par l'IAArt. 231 § 1 k.p.; Art. 233 § 1 k.p.c.; A unilateral employer assignment of an employee to a newly created organizational unit does not result in a transfer of employment under Article 231 of the Labor Code unless the employee was previously directly engaged in the activities of that specific unit.