I PK 193/07
AI generated
Supreme Court dismissed appeal, ruling new employer inherits temporary wage reduction from old employer upon takeover.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employer against a lower court's award of back pay to the employee. The facts show the employee's wage was temporarily reduced by agreement until the company was acquired, after which the new employer automatically assumed the unchanged terms of the employment contract. The court held that the new employer is bound by the temporary wage reduction as part of the transferred employment relationship under Article 231 of the Labor Code.
Legislator headnote
AI generatedArt. 231 k.p.; Art. 398 § 1 k.p.c.; The new employer inherits the temporary wage reduction agreed upon by the previous employer, as the takeover transfers the entire employment relationship including its modified terms.
Keywords
AI generated
labor code takeover
temporary wage reduction
employment relationship transfer
cassation appeal dismissal
employer liability
Cited Legislation
AI generatedArt. 231 k.p.
Art. 398 § 1 k.p.c.
art. 231 k.p
art. 231 § 1 k.p
art. 81 § 1 k.p
art. 89 k.c
art. 94 k.c
art. 300 k.p
art. 81 § 2 k.p
art. 128 § 1 k.p
Cited Case Law
AI generatedI PZP 52/92
I PZP 65/92
I PRN 63/93
I PRN 60/95
Supreme Court allows extraordinary review for pension and anniversary bonus rights after employer takeover.
I PKN 260/97
Fixed-term employment contract retains character upon transfer unless parties convert it to open-ended.
I PZP 28/92
I PK 96/04
Supreme Court dismisses appeal; non-performance of non-compete obligation does not terminate the employer's damages liability.
I PKN 101/98
Supreme Court quashes labor court ruling on partial plant takeover and employee transfer obligations.
II PK 38/05
Dismissal of claim to establish employer succession after termination, as termination effects remain valid.
I PKN 630/00
Supreme Court quashes lower court ruling allowing employee to claim reinstatement with new employer after takeover.