Legislator Case Law & Legislation
I PK 72/09 AI generated

Supreme Court allows collective agreement termination as independent cause for changing employment terms without economic justification.

Case Number I PK 72/09
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland quashed the appellate judgment and remanded the case for retrial regarding a claim for financial compensation. The plaintiff argued that the employer's termination of the collective agreement constituted an economic reason for dismissing his employment conditions, but the court held that such termination is an autonomous cause for changing terms. The court reasoned that the collective agreement's termination creates a new situation requiring individual adjustments, which does not equate to the economic or organizational grounds defined in the relevant labor law article. Consequently, the claim for compensation was deemed inadmissible because the employer did not seek to dismiss the employee but merely to unify working conditions.

Legislator headnote

AI generated

Art. 51 ust. 1 k.p.; Art. 3981 § 1 k.p.c.: The termination of a collective labor agreement constitutes an autonomous and sufficient cause for changing individual employment conditions and wages, without the need to prove an economic or organizational reason under the relevant statutory provisions.

Keywords

AI generated
collective agreement termination economic reason dismissal financial compensation claim changing employment conditions labor law interpretation supreme court cassation autonomous cause

Cited Legislation

AI generated
Art. 51 ust. 1 k.p.
Art. 3981 § 1 k.p.c.
Art. 3983 § 3 k.p.c.
Art. 30 § 4 k.p.
Art. 42 § 1 k.p.
Art. 45 § 1 k.p.
Art. 241 § 2 k.p.
art. 8 k.p
art. 233 § 1 k.p.c
art. 3531 k.c

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