Legislator Case Law & Legislation
I PK 270/02 AI generated

Social package agreement binds employer and creates individual labor law rights for employees.

Case Number I PK 270/02
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court judgment that rejected employees' claims for damages based on a social package agreement. The court found that while the lower courts correctly identified the agreement as a source of labor law, they failed to determine if the employer was actually bound by it. The Supreme Court ruled that the employer's binding status is the decisive factor; without it, the agreement cannot generate individual rights or subject disputes to arbitration. Consequently, the case was remanded to the lower court to assess whether the employer was a party to the agreement.

Legislator headnote

AI generated

Art. 9 § 1 k.p.; Art. 697 § 1 k.p.c.: A social package agreement becomes a source of labor law and creates individual employee rights only if the employer is a party to the agreement; if the employer is not bound, disputes arising from it cannot be referred to arbitration courts.

Keywords

AI generated
social package agreement labor law source employer binding status individual employee rights arbitration court jurisdiction casation appeal dismissal collective bargaining agreement

Cited Legislation

AI generated
Art. 9 § 1 k.p.
Art. 697 § 1 k.p.c.
Art. 393 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 9 k.p
art. 9 § 1 k.p
art. 18 k.p
art. 65 k.c
art. 393 § 1 k.c
art. 300 k.p

Cited Case Law

AI generated

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