Legislator Case Law & Legislation
I PKN 747/00 AI generated

Supreme Court dismissed appeal on labor transfer after municipal assets were moved to a new company.

Case Number I PKN 747/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 231 § 1, 4 k.p.
Art. 393 § 1 k.p.c.
Art. 98 k.p.c.

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