Legislator Case Law & Legislation
I PKN 447/00 AI generated

Supreme Court rules bankruptcy liquidation excludes collective dismissal protection laws from changing terms of employment.

Case Number I PKN 447/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland quashed the lower court's dismissal of the union's appeal regarding collective dismissals during a company's liquidation. The court found that the lower court incorrectly applied protective dismissal laws to changing employment terms when the employer was in liquidation. Consequently, the court held that such protective provisions do not apply to changing terms of employment in bankruptcy scenarios.

Legislator headnote

AI generated

Art. 38, 39, 41 KP; Art. 411 § 1 KP; Art. 42 § 1 KP: In cases of employer bankruptcy or liquidation, the provisions protecting workers against dismissal and the special rules for changing terms of employment do not apply.

Keywords

AI generated
bankruptcy liquidation changing terms of employment collective dismissal protection labor law interpretation union consultation rights employer insolvency supreme court ruling

Cited Legislation

AI generated
Art. 38 KP
Art. 39 KP
Art. 41 KP
Art. 411 § 1 KP
Art. 42 § 1 KP
Art. 6 of the Act of 28 December 1989 on special rules for terminating employment relationships

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