I PKN 142/00
AI generated
Supreme Court dismissed appeal; collective agreement clauses on dismissal protection were legally binding.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding the invalidity of an employment contract termination. The lower court found that a collective agreement clause protecting union officials from dismissal was validly agreed upon by both parties. The court ruled that despite theoretical doubts about the clause's binding force, the specific agreement between the parties created a legally enforceable obligation.
Legislator headnote
AI generatedArt. 240 § 3 KP; Art. 59 ust. 2, 4 Konstytucji RP: Collective agreement provisions granting special protection against termination remain legally binding if agreed upon by parties, even if constitutional changes later cast doubt on their general validity.
Keywords
AI generated
collective agreement validity
employment contract termination
special protection clauses
cassation appeal dismissal
labor law binding force
Cited Legislation
AI generatedArt. 240 § 3 KP
Art. 59 ust. 2 Konstytucji RP
Art. 59 ust. 4 Konstytucji RP
Art. 393 § 1 pkt 2 KPC
Art. 233 § 1 KPC
Cited Case Law
AI generatedI PKN 458/99