Legislator Case Law & Legislation
I PKN 142/00 AI generated

Supreme Court dismissed appeal; collective agreement clauses on dismissal protection were legally binding.

Case Number I PKN 142/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 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 generated
I PKN 458/99

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