I PKN 779/00
AI generated
Former employer not liable for new employer's post-acquisition debts under Labor Code Art. 231 § 2.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against a labor court judgment awarding unpaid vacation pay. The plaintiff argued the former employer was jointly liable for the new employer's debts arising after the takeover of the agricultural enterprise. The court held that Article 231 § 2 of the Labor Code explicitly limits joint liability to debts existing before the transfer, thereby excluding the former employer from debts created post-acquisition.
Legislator headnote
AI generatedArt. 231 § 2 k.p.; Art. 526 k.c.: The former employer is not liable for obligations of the new employer arising after the takeover of the business, as the statutory provision restricts joint liability to pre-transfer debts.
Keywords
AI generated
Labor Code
takeover of business
joint liability
post-acquisition debts
former employer liability
vacation pay
cassation appeal
Cited Legislation
AI generatedArt. 231 § 2 k.p.
Art. 526 k.c.
Art. 300 k.p.
Art. 369 k.c.
Art. 393 § 12 k.p.c.
art. 231 § 3 k.p
art. 231 § 1 k.p
art. 231 § 2 k.p
art. 231 § 4 k.p
art. 231 k.p
Cited Case Law
AI generatedIII ZP 16/00