Supreme Court allows miners' union claim for mining leave and reinstatement after illegal contract termination.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court of Poland partially overturned the lower court's dismissal of a group of miners seeking reinstatement and mining leave. The miners were terminated by the bankruptcy administrator citing the company's bankruptcy, yet they had already acquired statutory protective rights to mining leave under specific mining regulations. The court ruled that the employer's failure to obtain the employee's explicit waiver of these rights before termination rendered the contract dissolution illegal, as such consent is merely declaratory rather than constitutive. Consequently, the case was remanded to the regional court for a new decision on reinstatement and leave entitlement.
Legislator headnote
AI generatedArt. 20 ust. 1 pkt 1, ust. 2 ustawy o dostosowaniu górnictwa węgla kamiennego do funkcjonowania w warunkach gospodarki rynkowej; Art. 32 tej ustawy: The employer's right to terminate a contract with a miner relies solely on the employee's explicit refusal to utilize protective rights; without such refusal, termination is unlawful.