Legislator Case Law & Legislation
I PKN 830/00 AI generated

Employment contract termination not caused by business deregistration; civil company not legal successor in employment relations.

Case Number I PKN 830/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding the reinstatement of an employee after her employer deregistered his sole proprietorship. The court found that deregistration does not constitute legal liquidation of the employer, as the individual entrepreneur continued the business through a civil company. Consequently, the employer remained the same legal entity, and the lower court erred in treating the deregistration as a termination event requiring reinstatement.

Legislator headnote

AI generated

Art. 411 KP; Art. 231 KP: Deregistration of a sole proprietor's business activity does not constitute liquidation of the employer under Art. 411 KP, and a civil company is not a legal successor in employment relations if the individual entrepreneur continues the activity in the same role.

Keywords

AI generated
employment contract termination legal liquidation of employer civil company legal successor sole proprietorship deregistration reinstatement to work employment law succession business activity continuity

Cited Legislation

AI generated
Art. 411 KP
Art. 231 KP
Art. 381 KPC
Art. 393 § 13 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text