Supreme Court allows partial transfer of school tasks under Labor Code Art. 231, dismissing appeal.
Legislator summary
AI generatedThe Supreme Court of Poland dismissed the plaintiff's cassation appeal regarding the termination of her employment contract. The court found that due to organizational changes and the creation of a new school, there was no longer a need for the plaintiff's work in her previous position. Consequently, the court ruled that a partial takeover of the school's tasks occurred under Article 231 of the Labor Code. The decision was based on the principle that if a public service employer no longer requires an employee's work in the same place and scope after reorganization, a partial transfer is deemed to have happened.
Legislator headnote
AI generatedArt. 231 § 1 Kodeksu Pracy; Art. 393 § 13 Kodeksu Postępowania Cywilnego: In cases of doubt regarding the partial takeover of a workplace, particularly for public service entities, the existence of a genuine need for the employee's former work in the same place and scope is decisive; if such need is absent due to reorganization, a partial takeover is presumed.