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I PZP 9/07 AI generated

Supreme Court rules collective agreement termination does not automatically bar employer from changing work terms.

Case Number I PZP 9/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court resolved a legal question regarding whether a collective agreement's termination automatically prohibits employers from changing individual work terms. The court held that such agreements do not bind employers post-termination unless specific conditions regarding employer freedom are met. Consequently, the court affirmed that individual termination clauses remain subject to standard labor law procedures, including mandatory union consultations.

Legislator headnote

AI generated

Art. 241 § 4 kp; Art. 38 § 1 kp; Art. 45 § 1 kp: The termination of a collective agreement does not automatically preclude an employer from modifying individual employment terms, provided the employer retains freedom to negotiate a new agreement, and individual terminations must still comply with statutory consultation requirements.

Keywords

AI generated
collective agreement termination individual employment terms employer freedom of decision union consultation procedure labor law standards workplace negotiations constitutional court ruling

Cited Legislation

AI generated
Art. 241 § 4 kp
Art. 38 § 1 kp
Art. 45 § 1 kp
art. 45 § 1 k.p
art. 390 § 1 k.p.c
art. 2417 § 4 k.p
art. 38 k.p
art. 38 § 1 k.p
art. 42 § 1 k.p
art. 9 § 1 k.p

Cited Case Law

AI generated
I PKN 783/00
Supreme Court dismisses appeal; union consultation not required for termination after board dismissal.
I PKN 809/00
Supreme Court dismisses appeal regarding termination of manager's contract, ruling consultation procedure does not require union member list.
III PK 109/05
Supreme Court allows termination of collective agreement terms without union consultation if no new agreement exists.
I PK 255/06
Supreme Court partially allowed appeal, ruling employer must respect collective agreement terms when no new collective agreement is possible.
I PK 313/02
Supreme Court dismissed cassation, ruling collective agreement clauses are subject to constitutional proportionality review.
I PK 24/05
Supreme Court dismissed appeal, allowing employer termination due to collective agreement expiry without new agreement.

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