Legislator Case Law & Legislation
I PKN 28/98 AI generated

Supreme Court holds that a municipal takeover agreement cannot exclude automatic application of Labor Code Art. 23 § 1 to administrative staff.

Case Number I PKN 28/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of Anna L.'s claim to reinstatement after a municipal takeover of schools. The court found that the takeover agreement between the municipality and the education authority could not override the automatic transfer of administrative and financial staff under Labor Code Art. 23 § 1. Consequently, the court ruled that the municipality automatically assumed employment relations with these employees regardless of the private agreement between the transferring and receiving entities.

Legislator headnote

AI generated

Art. 23 § 1 KP; Art. 393 § 13 KPC: A municipal takeover agreement cannot exclude the automatic application of Labor Code Art. 23 § 1 regarding administrative staff, as the transfer of such tasks constitutes a legal acquisition of the relevant part of the workforce independent of the transfer agreement.

Keywords

AI generated
Labor Code Art. 23 municipal takeover automatic transfer administrative staff employment relations labor dispute reinstatement claim

Cited Legislation

AI generated
Art. 23 § 1 KP
Art. 393 § 13 KPC
Art. 38 § 1 KP
Ustawa z dnia 7 września 1991 r. o systemie oświaty

Cited Case Law

AI generated
I PRN 40/93
I PRN 41/93

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