Employer must consult union organization regardless of individual union membership before terminating contracts.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal against a labor court ruling ordering reinstatement of terminated employees. The lower courts found the employer violated Article 52 § 3 of the Labor Code by failing to consult the factory union organization before terminating contracts, even though the employees were not individually union members. The court held that the employer's obligation to consult the union organization applies whenever it has been notified of representing the workers' rights, making the procedural violation clear and the reinstatement order valid.
Legislator headnote
AI generatedArt. 52 § 3 KP; Art. 232 KP; Art. 7 ust. 2 ustawy o związkach zawodowych; Art. 30 ust. 2 ustawy o związkach zawodowych: An employer is obligated to consult a factory union organization regarding the intention to terminate employment contracts, irrespective of whether the employees are individual members of a trade union, provided the organization has notified the employer of its representation of their rights and interests.