Legislator Case Law & Legislation
II BP 36/07 AI generated

Supreme Court dismissed appeal stating collective agreements do not establish special employment protection under Art. 47 k.p. for unemployment pay.

Case Number II BP 36/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's complaint regarding an award of unemployment compensation for a worker dismissed under a collective agreement. The lower court had granted the claim based on the agreement's guarantee of employment stability, but the Supreme Court ruled that such agreements cannot constitute special statutory protection under Article 47 of the Labor Code. Consequently, the court held that the second-instance judgment was not legally flawed and the appeal was rejected.

Legislator headnote

AI generated

Art. 47 ust. 2 k.p.; Art. 424 § 1 k.p.c.: Collective agreements cannot be recognized as establishing special protection of the employment relationship under Article 47 of the Labor Code, as they are not universally binding laws but rather specific commitments between parties.

Keywords

AI generated
collective agreement special protection unemployment compensation Labor Code legal appeal dismissed appeal employment stability

Cited Legislation

AI generated
Art. 47 ust. 2 k.p.
Art. 424 § 1 k.p.c.
art. 9 § 1 k.p
art. 9 k.p
art. 47 k.p
art. 393 k.c
art. 300 k.p
art. 4241 § 1 k.p.c
art. 4171 § 2 k.c
art. 42411 § 1 k.p.c

Cited Case Law

AI generated

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