Supreme Court dismissed appeal; collective agreement applies retroactively to ongoing termination periods.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking compensation for a shortened notice period. The Regional Court had rejected the claim because the employer's termination notice was issued before a new collective agreement entered into force, applying the principle of non-retroactivity. The Supreme Court ruled that the collective agreement applies to the period of termination that began before but continued after its entry into effect, establishing a pro-tempo application for lasting obligations.
Legislator headnote
AI generatedArt. 9 § 1 k.p.; Art. 3 k.c.; Art. 300 k.p.; Art. 393 § 1 k.p.c.: A collective agreement applies to a termination period that commenced before its entry into force but continued after, overriding the general rule of non-retroactivity for lasting obligations.