II PK 55/09
AI generated
Supreme Court dismissed cassation, ruling that without asset transfer, the lessee remains the employer despite lease termination.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the lessee against a labor court judgment establishing an employment relationship. The plaintiffs claimed they were employed by the lessor, while the lessee argued the lease termination meant the lessor should be the employer. The court held that without evidence of actual asset transfer, the lessee remained the employer, rejecting arguments based solely on the lessee's ability to perform tasks.
Legislator headnote
AI generatedArt. 231 k.p.; In cases of doubt regarding the transfer of a business premises upon lease termination, the court must rely solely on labor law norms to determine if the transfer occurred, and without factual evidence of asset transfer, the lessee remains the employer.
Keywords
AI generated
transfer of business premises
lease termination
employment relationship
employer determination
labor law norms
asset transfer
cassation appeal
Cited Legislation
AI generatedArt. 231 k.p.
art. 491 k.c
art. 750 k.c
art. 337 k.c
art. 231 k.p
art. 58 § 1 k.c
art. 65 k.c
art. 235 k.p.c
art. 459 k.p.c
Cited Case Law
AI generatedI PRN 4/94
Social school property acquisition defined by educational tasks, not just assets, preventing full dismissal of partial takeover claim.
I PK 80/07
Supreme Court allows appeal regarding transfer of part of workplace to new employer under Art. 231 § 1 k.p.
II PK 160/07
Cessation of mining employment does not equal employer change unless assets or tasks are transferred.
III PZP 2/05
Supreme Court dismisses legal question submission as it is not a legal issue but a factual assessment of employment transfer.