Supreme Court dismissed cassation; termination before takeover excludes employee from new employer's liability under Art. 231 KP.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal against a labor compensation award. The lower courts correctly determined that the employment relationship with the plaintiff terminated on December 31, 1993, before the factory was transferred to a new lessee on January 1, 1994. Consequently, the new employer was not bound by the termination provisions because the employee was no longer in an employment relationship at the time of the transfer.
Regesto Legislator
Generato dall'IAArt. 231 § 1 and § 2 of the Code of Civil Procedure; The statutory provision regarding the transfer of an enterprise to a new employer applies only to employees who were still in an employment relationship at the moment of transfer, excluding those whose contracts were terminated prior to the takeover.