I PK 212/06
AI generated
Supreme Court dismissed cassation, ruling that 'part of a workplace' includes non-material tasks like cleaning duties.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal regarding the transfer of her employment contract under Article 231 of the Labor Code. The lower court found that the plaintiff's duties, including cleaning and laundry storage, constituted a transferable part of the hospital's workplace. The Supreme Court rejected the argument that only material assets define a workplace, establishing that non-material tasks creating a functional unit are also included.
Legislator headnote
AI generatedArt. 231 § 1 k.p.; Art. 3983 § 3 k.p.c.: A 'part of a workplace' under Article 231 of the Labor Code is not limited to material assets but also encompasses non-material tasks that constitute a functional unit capable of continued operation after transfer.
Keywords
AI generated
Labor Code
transfer of employment
part of workplace
non-material tasks
cassation appeal
functional unit
continuity of work
Cited Legislation
AI generatedArt. 231 § 1 k.p.
Art. 3983 § 3 k.p.c.
Art. 3983 § 1 pkt 1 k.p.c.
Art. 39813 § 1 k.p.c.
Art. 39814 k.p.c.
art. 231 § 1 k.p
art. 231 k.p
art. 53 § 1 k.p
art. 53 § 1 pkt 1 k.p
art. 233 k.p.c
Cited Case Law
AI generatedI PKN 133/99
Supreme Court dismissed cassation against dismissal under Art. 231 KP, ruling it constitutional and not violating freedom of profession.
I PK 362/03
Supreme Court allows employee severance claim when employer reorganization falls outside specific public administration reform laws.
I PK 103/04
Transfer of business premises automatically transfers employees, preventing the former employer from terminating their contracts.
II PK 391/04
Supreme Court dismisses appeal regarding employer identity in labor dispute over facility transfer. Appeal rejected due to lack of factual errors in lower court's findings.
III CSK 13/05
Supreme Court dismisses cassation appeal based solely on facts or evidence evaluation as inadmissible under new Civil Procedure Code.