Legislator Case Law & Legislation
I PK 223/04 AI generated

Social package agreement between union and investor not collective agreement under Labor Code Art. 9.

Case Number I PK 223/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a judgment that rejected the employee's claim for severance pay based on a 'Social Package'. The employee argued the package constituted a collective agreement under Labor Code Art. 9, but the court found it was merely a commercial transaction between the investor and unions lacking legal force. Consequently, the court ruled that such agreements do not create binding labor law obligations enforceable by individual employees.

Legislator headnote

AI generated

Art. 9 ust. 1 k.p.; Art. 393 § 12 k.p.c.: A social package agreement concluded between a future investor and trade unions during privatization is not a collective agreement under Art. 9 of the Labor Code and does not create binding labor law obligations for individual employees.

Keywords

AI generated
social package agreement collective agreement status labor code art 9 privatization social terms individual employee claim trade union agreement severance pay dispute

Cited Legislation

AI generated
Art. 9 ust. 1 k.p.
Art. 393 § 12 k.p.c.
art. 9 k.p
art. 9 § 1 k.p
art. 378 § 1 k.p.c
art. 59 ust. 2 Konstytucji RP
art. 300 k.p
art. 59 ust. 2 Konstytucji
art. 39312 k.p.c

Cited Case Law

AI generated

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