I PZP 6/04
AI generated
Court rules a private health company created by a county is a public health facility for wage negotiation purposes.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court ruled that a private limited liability company created by a territorial self-government unit qualifies as a public health facility. The plaintiff sought wage increases based on this status, arguing the company's creation by the county made it public despite its internal non-public structure. The court held that the public character depends on the dominant entity's intent and ownership, not merely the internal organizational form.
Legislator headnote
AI generatedArt. 8 ust. 2 ustawy z dnia 30 sierpnia 1991 r. o zakładach opieki zdrowotnej; Art. 4a ustawy z dnia 16 grudnia 1994 r.: A private health facility created by a territorial self-government unit is deemed a public health facility if the unit is the dominant entity.
Keywords
AI generated
public health facility status
territorial self-government unit
dominant entity ownership
wage negotiation system
private company public function
Cited Legislation
AI generatedArt. 8 ust. 2 of the Act of August 30, 1991 on health care facilities
Art. 4a of the Act of December 16, 1994 on the system of negotiating the increase in average wages
Cited Case Law
AI generatedIII CZP 115/95