II PK 386/04
AI generated
Social package employment guarantee deemed contrary to social coexistence rules in privatization context.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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