Legislator Case Law & Legislation
I PKN 264/99 AI generated

Labor law: Transfer of employment under Art. 231 § 1 KP does not require abuse of law assessment under Art. 8 KP.

Case Number I PKN 264/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
labor law transfer of business abuse of law employment relationship cassation appeal labor code procedural error

Cited Legislation

AI generated
Art. 231 § 1 KP
Art. 8 KP
Art. 29 KP
Art. 302 § 1 KPC
Art. 328 § 2 KPC
Art. 3931 KPC
Art. 3933 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text