I PRN 67/95
AI generated
Supreme Court quashes labor opinion for failure to inform employee and hear union views per Art 98 § 5 Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed lower court rulings that rejected a teacher's request to correct her work opinion. The court found the employer failed to fulfill statutory obligations under Article 98 § 5 of the Labor Code by not informing the employee of the draft opinion or hearing union views. Consequently, the court held that such a defective opinion does not exist and remanded the case for a new opinion to be issued.
Legislator headnote
AI generatedArt. 98 § 5 k.p.; Art. 422 § 2 k.p.c.: Failure to inform the employee of the draft work opinion and to hear the views of the trade union organization constitutes a procedural defect rendering the opinion non-existent and providing grounds for requesting a new opinion.
Keywords
AI generated
Labor Code Article 98
Work Opinion Procedure
Trade Union Views
Procedural Defect
Remand for New Opinion
Labor Code Article 422
Supreme Court Review
Cited Legislation
AI generatedArt. 98 § 5 k.p.
Art. 422 § 2 k.p.c.
art. 98 § 5 k.p
art. 3 § 2 k.p.c
art. 422 § 2 k.p.c