I PKN 747/00
AI generated
Supreme Court dismissed appeal on labor transfer after municipal assets were moved to a new company.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation appeal regarding the transfer of a heating plant's workforce to a newly formed municipal company. The lower court found that the majority of assets and operational capacity were transferred to the new entity, leaving the original bankrupt enterprise as a shell. Consequently, the court ruled that the labor relationship legally transferred to the new employer under the relevant labor code provisions.
Legislator headnote
AI generatedArt. 231 § 1, 4 k.p.; Art. 393 § 1, 98 k.p.c.: When the majority of assets and operational capacity of an enterprise are transferred to a new legal entity, the labor relationship transfers to the new employer, and the original entity is treated as a shell incapable of independent operation.
Keywords
AI generated
labor transfer
bankruptcy proceedings
municipal assets
legal entity formation
employee protection
cassation appeal
workplace continuity
Cited Legislation
AI generatedArt. 231 § 1, 4 k.p.
Art. 393 § 1 k.p.c.
Art. 98 k.p.c.