Legislator Case Law & Legislation
II PK 386/04 AI generated

Social package employment guarantee deemed contrary to social coexistence rules in privatization context.

Case Number II PK 386/04
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's claim to reinstate employment based on a social package signed during state enterprise privatization. The court found that while the social package claimed to be a source of labor law, its binding nature was not established by the parties' intent or statutory incorporation. Consequently, the court ruled that the package's provisions could not override the general principle of social coexistence in this specific privatization scenario.

Legislator headnote

AI generated

Art. 9 § 1 k.p.; Art. 393 § 1 k.p.c. - A social package guaranteeing employment during privatization may be deemed contrary to the principles of social coexistence if it lacks a legal basis derived from the parties' will or statutory incorporation.

Keywords

AI generated
social package labor law source privatization guarantee social coexistence employment reinstatement collective agreement interpretation of law

Cited Legislation

AI generated
Art. 9 § 1 k.p.
Art. 393 § 1 k.p.c.
Art. 65 k.c.
art. 9 § 1 k.p
art. 68 k.p
art. 97 § 2 k.p
art. 26 k.p
art. 97 § 1 k.p
art. 60 k.c
art. 224 § 1 k.p.c

Cited Case Law

AI generated

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