Legislator Case Law & Legislation
III PK 85/05 AI generated

Supreme Court held collective agreement clauses without fixed term are indefinite unless system interpretation dictates otherwise.

Case Number III PK 85/05
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the appellate court's ruling that a collective agreement clause was limited to 36 months. The plaintiff argued the agreement created a permanent right to severance pay as a union official, while the defendant contended the term was fixed. The court ruled that since no specific duration was set for this clause, it applies indefinitely based on systemic interpretation of the entire agreement.

Legislator headnote

AI generated

Art. 9 § 1 k.p.; Art. 393 § 1 k.c.; Art. 300 k.p.; If a collective agreement does not specify a duration for certain provisions, they remain in force indefinitely unless systemic interpretation indicates otherwise.

Keywords

AI generated
collective agreement duration systemic interpretation indefinite term severance pay union official rights labor law dispute supreme court ruling

Cited Legislation

AI generated
Art. 9 § 1 k.p.
Art. 393 § 1 k.c.
Art. 300 k.p.
Art. 398 § 1 k.p.c.
Art. 108 § 2 k.p.c.
art. 231 k.p
art. 2418 k.p
art. 9 § 1 k.p
art. 393 § 1 k.c
art. 300 k.p

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