III PK 57/04
AI generated
Supreme Court dismisses appeal; collective agreement amendment not subject to employer's notice period rule.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's decision and remanded the case for a new ruling on costs. The plaintiff sought damages based on a collective agreement amendment that excluded her from early termination guarantees. The court held that Article 24113 § 2 of the Labor Code does not apply to collective agreements other than collective labor agreements. Consequently, the employer was not required to issue a notice period for the changes introduced by the amendment.
Legislator headnote
AI generatedArt. 24113 § 2 k.p.; Art. 42 § 1 k.p.; The provision regarding the employer's notice period for unfavorable changes applies only to conditions established by collective labor agreements, not by other collective agreements or understandings.
Keywords
AI generated
Labor Code notice period
collective agreement amendment
employer termination rights
interpretation of exceptions
remand for costs
labor dispute damages
collective bargaining scope
Cited Legislation
AI generatedArt. 24113 § 2 k.p.
Art. 42 § 1 k.p.
Art. 393 § 1 k.p.c.
art. 24113 § 2 k.p
art. 9 § 1 k.p
art. 65 k.c
art. 31 k.p
art. 42 k.p
art. 8 k.p
art. 42 § 2 k.p
Cited Case Law
AI generatedI PRN 40/78
I PKN 35/96
Labor law ruling requiring termination of bonus regulation changes under Labor Code Article 42.1 when rights stem from employment contracts.
I PKN 23/96
Supreme Court dismisses appeal where employer unilaterally changes bonus rules retroactively without employee consent under Labor Code.
I PKN 26/99
Collective agreement did not replace employer's individual decision on seniority calculation under Polish Labor Law.