Legislator Case Law & Legislation
I PKN 511/98 AI generated

Partial takeover of a business does not transfer employees remaining in the unacquired portion to the new employer.

Case Number I PKN 511/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by two employees against a lower court's finding that their employer remained the original company. The court determined that while the municipal facility acquired only part of the assets and 18 workers, the original enterprise continued to operate with the remaining employees. Consequently, the statutory provision regarding partial takeover did not apply to the appellants who stayed in the unacquired section of the business.

Legislator headnote

AI generated

Art. 231 § 2 Kodeksu pracy; Art. 32 § 1 ustawy o związkach zawodowych; A partial acquisition of a workplace does not transfer employees remaining in the unacquired portion to the acquiring entity if the original enterprise continues to function.

Keywords

AI generated
partial workplace takeover labor law transfer employee status change business asset acquisition labor contract validity supreme court cassation workplace continuity

Cited Legislation

AI generated
Art. 231 § 2 Kodeksu pracy
Art. 32 § 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
Art. 393 § 1 Kodeksu postępowania cywilnego

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