I PKN 393/98
AI generated
Dismissal of appeal: Economic dismissal does not require prior changes to organizational or work regulations.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by two employees against their economic dismissal. The lower courts found that the employer's financial losses justified reducing staff, and the employees' request to reinstate them was rejected. The Supreme Court ruled that the dismissal was lawful because no prior changes to organizational or work regulations were legally required before termination.
Legislator headnote
AI generatedArt. 1 ust. 1, art. 10 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; Art. 1042 § 1 Kodeksu pracy: The dismissal of an employee due to economic reasons does not require prior changes to the organizational or work regulations of the enterprise.
Keywords
AI generated
economic dismissal
work regulations
organizational changes
trade union consultation
reinstatement claim
financial losses
labor law procedure
Cited Legislation
AI generatedArt. 1 ust. 1, art. 10 of the Act of December 28, 1989 on special rules for terminating employment relationships with employees due to enterprise reasons and on amending certain acts
Art. 1042 § 1 of the Labor Code