Legislator Case Law & Legislation
I PKN 377/98 AI generated

Supreme Court dismissed appeal; employer agreement does not create legal successor status under Labor Code.

Case Number I PKN 377/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a former employee against a labor court judgment. The employee argued that his transfer to a new employer violated specific Labor Code provisions regarding legal succession and continuity of employment. The court ruled that a mere agreement between employers does not automatically make the new employer a legal successor, as it constitutes a new employment relationship rather than a continuation of the old one.

Legislator headnote

AI generated

Art. 23 § 1 k.p.; Art. 36 § 1 k.p.: An agreement between employers does not constitute legal succession under the Labor Code; the new employer establishes a new employment relationship rather than continuing the previous one.

Keywords

AI generated
legal succession of employment agreement between employers Labor Code provisions continuity of employment new employment relationship cassation appeal dismissal employer liability

Cited Legislation

AI generated
Art. 23 § 1 k.p.
Art. 36 § 1 k.p.
Art. 41 k.p.
Art. 45 § 1 and 2 k.p.
Art. 72 § 1 k.p.
Art. 393 § 12 k.p.c.

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