Labor law: Transfer of employment under Art. 231 § 1 KP does not require abuse of law assessment under Art. 8 KP.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a company against a labor court ruling establishing an employment relationship. The court found that the transfer of a business to a new employer under Article 231 § 1 of the Labor Code automatically creates a new employment relationship without altering the original terms, making an abuse of law claim under Article 8 of the Labor Code unfounded. Additionally, the court rejected procedural complaints regarding the lack of hearing for the defendant and the failure to cite specific legal grounds, ruling that these errors did not substantially affect the case outcome.
Legislator headnote
AI generatedArt. 231 § 1 KP; Art. 8 KP: The transformation of an employment relationship due to the transfer of a business to a new employer does not require an assessment of abuse of law, as the resulting legal consequences are independent of the employee's acceptance of work with the new employer.