Legislator Case Law & Legislation
I PK 166/08 AI generated

Supreme Court dismissed cassation, allowing voluntary wage changes via agreement after employer takeover under Art. 231 k.p.

Case Number I PK 166/08
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a labor court ruling that rejected her claims for seniority pay and bonuses. The plaintiff argued that the takeover of the health facility under Article 231 of the Labor Code should have preserved her previous employment conditions, while the defendant maintained that new terms were established in a fresh employment contract. The court ruled that the voluntary agreement to modify less favorable terms was valid because it resulted from economic restructuring aimed at preventing the predecessor's liquidation, thereby serving the interests of both parties.

Legislator headnote

AI generated

Art. 231 k.p.; Art. 398 § 1 k.p.c.: The transfer of a workplace to another employer under Article 231 of the Labor Code does not preclude voluntary modifications of employment conditions through a mutual agreement to achieve beneficial outcomes for both parties.

Keywords

AI generated
Labor Code Art. 231 Employer Takeover Voluntary Agreement Wage Modification Economic Restructuring Cassation Appeal Labor Relations

Cited Legislation

AI generated
Art. 231 k.p.
Art. 398 § 1 k.p.c.
art. 231 k.p
art. 2418 k.p
art. 3 k.p
art. 231 § 1 k.p
art. 58 § 1 k.c
art. 300 k.p
art. 60 k.c
art. 65 k.c

Cited Case Law

AI generated

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