I PKN 377/98
AI generated
Supreme Court dismissed appeal; employer agreement does not create legal successor status under Labor Code.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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.