Legislator Case Law & Legislation
I PKN 381/97 AI generated

Collective agreement does not bind new employer unless they were a party; changes require employee acceptance.

Case Number I PKN 381/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiffs' cassation appeal regarding wage differences based on a collective agreement. The plaintiffs argued the agreement mandated higher pay, while the employer claimed the agreement ceased to apply upon their acquisition of the workforce. The court ruled that the collective agreement did not bind the new employer unless they were a party to it, meaning the terms became part of individual contracts subject to change upon employee acceptance.

Legislator headnote

AI generated

Art. 23 § 1 Kodeksu pracy; Art. 291 Kodeksu pracy: A collective agreement does not bind a new employer who acquired the workforce unless they were a party to it; changes to employment conditions resulting from such an agreement require employee acceptance.

Keywords

AI generated
collective agreement new employer workforce acquisition individual employment contract employee acceptance wage adjustment Kodeks pracy

Cited Legislation

AI generated
art. 23 § 1 Kodeksu pracy
art. 291 Kodeksu pracy
art. 102 Kodeksu postępowania cywilnego
art. 393 § 12 Kodeksu postępowania cywilnego

Cited Case Law

AI generated
Wyrok Sądu Najwyższego z dnia 25 marca 1993 r.

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