Legislator Case Law & Legislation
III PK 38/04 AI generated

Labor law: Collective guarantee package is a source of labor law; unfavorable changes require notice under Art. 42 § 1 k.p.

Case Number III PK 38/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a lower court ruling that denied her severance payment. The plaintiff argued that the collective guarantee package was a source of labor law requiring specific notice for unfavorable changes, while the lower court held the amendment was valid and beneficial. The court ruled that the package is indeed a source of labor law and that any modification detrimental to employees necessitates a notice of change under Article 42 § 1 of the Labor Code.

Legislator headnote

AI generated

Art. 9 § 1 k.p.; Art. 42 § 1 k.p.; The collective guarantee package constitutes a source of labor law, and any amendment introducing provisions less favorable to employees requires a notice of change.

Keywords

AI generated
collective guarantee package source of labor law notice of change unfavorable amendment labor code provisions

Cited Legislation

AI generated
Art. 9 § 1 k.p.
Art. 42 § 1 k.p.
Art. 24113 § 2 k.p.
Art. 58 k.c.
Art. 300 k.p.
art. 9 § 1 k.p
art. 24113 § 2 k.p
art. 42 § 2 k.p
art. 65 k.c
art. 31 k.p

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