Supreme Court dismissed cassation; employer must notify union of termination intent for fixed-term contracts.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employer against a labor court ruling that declared a dismissal invalid. The employer argued that the law did not require them to actively request union membership lists or notify the union of their termination intent. The court held that the employer must notify the union of their intent to terminate and simultaneously request information about the employee's union protection status.
Legislator headnote
AI generatedArt. 38 § 1 KP; Art. 232 KP; Art. 30 ust. 21 ustawy o związkach zawodowych: In cases of intended dismissal of an employee on an indefinite-term contract, the employer must notify the trade union organization in writing of such intent and simultaneously request information on whether the employee benefits from its protection.