Supreme Court quashes lower court dismissal, allowing employee to sue former employer for employment period determination.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the plaintiff's action against the former employer. The plaintiff sought to establish his employment period to qualify for free share acquisition rights under the privatization law. The court ruled that disputes regarding the employment duration must be decided against the former employer, not the State Treasury, before the share purchase agreement is finalized. Consequently, the case was remanded to the district court for a new decision on the merits.
Legislator headnote
AI generatedArt. 36 ust. 1 ustawy z dnia 30 sierpnia 1996 r. o komercjalizacji i prywatyzacji przedsiębiorstw państwowych; Art. 393 § 1 k.p.c.; Art. 108 § 2 k.p.c.: Disputes concerning the employment period required for free share acquisition under the privatization act must be adjudicated against the former employer in a separate proceeding prior to the conclusion of the share purchase agreement with the State Treasury.