I PKN 381/97
AI generated
Collective agreement does not bind new employer unless they were a party; changes require employee acceptance.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedart. 23 § 1 Kodeksu pracy
art. 291 Kodeksu pracy
art. 102 Kodeksu postępowania cywilnego
art. 393 § 12 Kodeksu postępowania cywilnego
Cited Case Law
AI generatedWyrok Sądu Najwyższego z dnia 25 marca 1993 r.