Special protection for trade union council members does not apply to privatized state enterprises via liquidation.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding her termination and unfavorable work condition changes. The court found that the special protection for trade union council members under the Commercialization Act applies only to enterprises privatized through direct privatization (Part V). Since the defendant enterprise was liquidated and transferred under the 1990 Privatization Act, the plaintiff was not covered by the specific protections of the Commercialization Act. Instead, her situation was governed by the 1981 Collective Self-Government Act and the 1989 Special Termination Act, which provided different, less restrictive rules regarding termination and salary changes.
Legislator headnote
AI generatedArt. 45 ust. 1 ustawy z dnia 30 sierpnia 1996 r. o komercjalizacji i prywatyzacji przedsiębiorstw państwowych; Special protection for trade union council members applies exclusively to enterprises privatized via direct privatization under Part V of the Commercialization Act and does not extend to enterprises liquidated and transferred under the 1990 Privatization Act.