Polish Supreme Court allows labor dispute against foreign embassy by rejecting diplomatic immunity for the embassy as employer.
Legislator summary
AI generatedThe Polish Supreme Court overturned lower court decisions that dismissed a Polish citizen's labor dispute against a foreign embassy for lack of jurisdiction. The plaintiff argued that the embassy, acting as an employer under the Labor Code, was not covered by the immunity of diplomatic representatives. The court ruled that the Civil Procedure Code does not grant diplomatic immunity to foreign states for civil commercial activities, such as employment, and that the embassy is a civil law subject rather than a public authority exercising sovereign power.
Legislator headnote
AI generatedArt. 1111 § 1 pkt 1 k.p.c.; Art. 3, 6 § 2 k.p.; Immunity of a foreign state does not extend to its organs engaging in civil commercial transactions; diplomatic immunity applies only to the head of mission, not the employing embassy entity.