Supreme Court dismissed claim that job transfers constitute re-employment under specific labor law article.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal regarding a claim for re-employment and damages after the plaintiff was fired due to organizational reasons. The court held that transferring existing employees to new positions does not count as re-employment under the relevant statute, which requires the employer to hire new individuals within one year. Consequently, the plaintiff's request for re-employment was rejected because no new hires occurred in his specific occupational group during the statutory period.
Legislator headnote
AI generatedArt. 12 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; re-employment obligation under this article is triggered only by the hiring of new persons in the same occupational group within one year, excluding the re-employment of previously hired staff through internal transfers.