Dismissal of appeal: union consultation obligation for indefinite contract termination does not apply to non-represented employees.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's appeal regarding the invalidity of his dismissal from an indefinite-term employment contract. The lower courts found that the employer did not conduct required union consultations because the plaintiff was neither a union member nor had sought their protection. The Supreme Court upheld this, ruling that the statutory consultation obligation under Article 38 § 1 of the Labor Code only applies when an employee is represented by a trade union. Consequently, the dismissal was deemed lawful, and the claim for damages was rejected.
Legislator headnote
AI generatedArt. 38 § 1 Kodeksu pracy; Art. 45 § 1, 2 Kodeksu pracy: The employer's obligation to consult trade unions regarding the intention to terminate an indefinite-term employment contract applies only if the employee is represented by such an organization; if the employee is neither a member nor has sought representation, the employer is not required to consult.