Change of job title without dismissal allowed if both parties treat it as a substantive change.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court ruling that rejected the employee's claim to restore her original job title. The court found that while a job title change is generally not a substantive change requiring dismissal, the specific circumstances here—where both the employer and employee treated the title as a key element of the contract—mandated a formal dismissal procedure. Consequently, the employer's unilateral action was deemed invalid, but the court ultimately upheld the lower court's decision to deny the request for reinstatement based on the established organizational structure.
Legislator headnote
AI generatedArt. 42, Art. 45 Kodeksu pracy; Art. 32 ust. 2 ustawy o związkach zawodowych: A change in job title requires a dismissal notice only if both parties agree it is a substantive element of the employment contract; otherwise, it falls within the scope of subordinate work conditions.