Labor dispute dismissed: Employee's refusal to transfer employer does not void legal transfer under Polish Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal against a labor dispute regarding wrongful termination and severance pay. The lower courts found that the employee explicitly refused the employer's proposal to transfer him to a new company, constituting a voluntary resignation under Article 231 § 4 of the Labor Code. The Supreme Court ruled that the transfer of the employer occurs by operation of law when the employee does not exercise their right to terminate the contract, meaning the original employer lost its legal status and the employee had no claim against them.
Legislator headnote
AI generatedArt. 231 § 1, § 4 Kodeksu pracy; Art. 32 ust. 1 ustawy o związkach zawodowych: The transfer of an employer occurs by operation of law without employee consent if the employee does not terminate the contract under Art. 231 § 4, and the original employer loses legal status, precluding claims against them.