Cessation of mining employment does not equal employer change unless assets or tasks are transferred.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former miner seeking pension arrears from a designated restructuring entity. The lower court found that while the designated unit was legally obligated to pay mining leave benefits, this did not constitute a transfer of the employer under labor law. The court ruled that without the actual transfer of assets or specific employment tasks, the designation of a unit does not create legal succession for pension claims.
Legislator headnote
AI generatedArt. 231 k.p.; Art. 31 ust. 1 ustawy o dostosowaniu górnictwa węgla kamiennego: The designation of a unit to pay mining leave benefits does not equate to a change of employer unless accompanied by the transfer of assets or tasks enabling the performance of employment duties.