Supreme Court dismissed cassation; agreement on dismissal procedures remains valid even if signed after 20 days.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by employees seeking reinstatement after their dismissal was deemed invalid. The court found that an agreement on dismissal procedures remained legally binding even though it was signed after the statutory 20-day notification period to the trade union. Consequently, the dismissal based on this agreement did not violate labor law provisions regarding termination formalities. The decision relied on a purposive interpretation of the law, prioritizing the agreement's role as a source of labor law over strict procedural timelines.
Legislator headnote
AI generatedArt. 1 ust. 1 ustawy z dnia 28 grudnia 1989 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn dotyczących zakładu pracy; Art. 4 ust. 1 i 3 ww. ustawy; Art. 45 § 1 k.p.: An agreement on dismissal procedures remains valid and does not become ineffective merely because it is concluded after the expiration of the 20-day notification period to the trade union.