II PZP 8/05
AI generated
Supreme Court dismisses claim that collective agreement changes require individual termination notice under Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim for payment of a severance allowance based on a breach of employment guarantees in a social package. The court held that changes to such collective agreements do not trigger the statutory requirement for individual termination notice under the Labor Code. Consequently, the court ruled that these collective provisions function as third-party benefit contracts rather than direct employment terms.
Legislator headnote
AI generatedArt. 42 § 1-3 k.p.; Art. 24113 § 2 k.p.: Provisions requiring individual termination notice do not apply to unfavorable changes in collective agreements or social packages, which are treated as third-party benefit contracts rather than direct employment terms.
Keywords
AI generated
Labor Code
collective agreement
social package
termination notice
third party benefit
employment guarantee
commercialization
Cited Legislation
AI generatedArt. 42 § 1-3 k.p.
Art. 24113 § 2 k.p.
Art. 300 k.p.
Art. 393 k.c.
Art. 18 § 1 k.p.
art. 42 k.p
art. 24113 § 2 k.p
art. 42 § 2 k.p
art. 9 k.p
art. 42 § 1 k.p.c
Cited Case Law
AI generatedI PKN 541/99
Polish Supreme Court allows collective agreement compensation over statutory law due to semi-imperative norms.
I PKN 674/99
Supreme Court dismissed appeal; collective agreement terms superseded individual contract for early retirement severance.
I PK 270/02
Social package agreement binds employer and creates individual labor law rights for employees.
II PK 27/04
Employment contract termination by employee refusal of employer's change of terms is deemed employer-initiated dismissal under employee guarantee packages.
III PK 38/04
Labor law: Collective guarantee package is a source of labor law; unfavorable changes require notice under Art. 42 § 1 k.p.
III PK 57/04
Supreme Court dismisses appeal; collective agreement amendment not subject to employer's notice period rule.
I PK 214/04
Supreme Court dismissed cassation against collective agreement guaranteeing employee jobs during business takeover.
II PK 344/04
Social package agreement not collective bargaining; individual termination clauses valid if workers voluntarily waived benefits.