Legislator Case Law & Legislation
III PK 95/05 AI generated

Supreme Court dismisses appeal, ruling unfavorable collective agreement changes require specific termination procedures.

Case Number III PK 95/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by the employer against a lower court's judgment in favor of the employee. The court held that a collective guarantee package constituted a source of labor law under Article 9 of the Labor Code, meaning its modification required a specific terminating notice under Articles 42 and 24113 § 2. Since the employer failed to provide this notice when introducing less favorable terms, the changes were deemed ineffective, entitling the employee to the original compensation.

Legislator headnote

AI generated

Art. 9 k.p.; Art. 42 k.p.; Art. 24113 § 2 k.p.: A collective agreement serving as a source of labor law requires a specific terminating notice to be modified in a manner less favorable to employees.

Keywords

AI generated
source of labor law collective agreement modification terminating notice requirement less favorable terms labor code provisions

Cited Legislation

AI generated
Art. 9 k.p.
Art. 42 k.p.
Art. 24113 § 2 k.p.
Art. 39814 k.p.c.
Art. 39810 k.p.c.
art. 9 k.p
art. 24113 § 2 k.p
art. 231 k.p
art. 42 k.p
art. 9 § 1 k.p

Cited Case Law

AI generated

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