I PZP 1/94
AI generated
Employment contract continues after employer's death if business is inherited as a going concern.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding whether an employment contract terminates upon the death of a sole proprietor. The court held that the contract continues if the business is inherited as a going concern, but terminates if the business assets are not fully acquired. This decision clarifies that the continuity of the business entity, rather than the individual's death, determines the fate of the labor relationship.
Legislator headnote
AI generatedArt. 231 § 2 k.p.; Art. 3 k.p.: An employment contract with a sole proprietor terminates upon death unless the business is inherited as a going concern, in which case the contract continues with the successor.
Keywords
AI generated
employment contract termination
sole proprietor death
business inheritance
going concern doctrine
labor law succession
employee rights protection
employer liability continuity
Cited Legislation
AI generatedArt. 231 § 2 of the Labor Code
Art. 3 of the Labor Code
Art. 526 of the Civil Code
art. 391 k.p.c
art. 300 k.p
art. 922 § 1 k.c
art. 922 § 2 k.c
art. 231 § 2 k.p
art. 231 k.p
art. 3 k.p
Cited Case Law
AI generatedI PZP 35/80
V PZP 12/78
I PRN 93/93
I PRN 95/93
I PRN 75/93
I PRN 77/93
C II 1751/36
C III 1212/35