Legislator Case Law & Legislation
I PK 25/04 AI generated

Supreme Court dismisses appeal against award of anniversary bonus to employee transferred under Art. 231 of Labor Code.

Case Number I PK 25/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a joint-stock company regarding an employee's claim for an anniversary bonus and annual premium. The lower courts ruled that the new employer, which acquired the business under Article 231 of the Labor Code, inherited the employee's accrued rights to these benefits established by the previous employer's collective agreement. The court upheld this decision, confirming that the transfer of the workplace legally binds the new employer to the existing terms of employment, including non-monetary benefits and collective agreement provisions, despite the new employer not having originally established them.

Legislator headnote

AI generated

Art. 231 k.p.; Art. 393 § 13 k.p.c.: Upon transfer of a workplace under Art. 231 of the Labor Code, the acquiring employer becomes the legal employer of the transferred employees, thereby inheriting all existing terms of employment, including rights to bonuses and annual premiums defined by the previous employer's collective agreements and regulations.

Keywords

AI generated
Labor Code Art. 231 Workplace Transfer Anniversary Bonus Annual Premium Collective Agreement Employer Liability Inheritance of Rights

Cited Legislation

AI generated
Art. 231 k.p.
Art. 393 § 13 k.p.c.
art. 231 k.p
art. 2418 k.p
art. 8 k.s.h
art. 2418 § 1 k.p
art. 231 § 2 k.p
art. 30 § 1 k.p
art. 24 k.s.h
art. 24 § 1 k.s.h

Cited Case Law

AI generated

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