I PKN 511/98
AI generated
Partial takeover of a business does not transfer employees remaining in the unacquired portion to the new employer.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 231 § 2 Kodeksu pracy
Art. 32 § 1 ustawy z dnia 23 maja 1991 r. o związkach zawodowych
Art. 393 § 1 Kodeksu postępowania cywilnego