Legislator Case Law & Legislation
I PKN 320/00 AI generated

Employer unilaterally issued work regulations without union agreement; Supreme Court quashed ruling allowing this.

Case Number I PKN 320/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the lower court's dismissal of the plaintiffs' appeal to restore their previous working conditions. The plaintiffs argued that the employer's unilateral new work regulations violated the existing collective agreement and labor code. The court ruled that while the new regulations were invalid due to lack of union consent, the employer was legally permitted to establish them if the union failed to present a joint position within 30 days of the employer's proposal.

Legislator headnote

AI generated

Art. 1042 Kodeksu Pracy; art. 30 ust. 5 ustawy o związkach zawodowych: An employer may unilaterally establish work regulations if trade union organizations fail to present a jointly agreed position within 30 days of the employer's proposal regarding the negotiation term.

Keywords

AI generated
unilateral work regulations trade union consent labor code provisions collective bargaining term employment conditions restoration

Cited Legislation

AI generated
art. 1042 Kodeksu Pracy
art. 30 ust. 5 ustawy z dnia 23 maja 1991 r. o związkach zawodowych

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