II PK 147/09
AI generated
Supreme Court dismissed appeal; closing branch does not equal employer liquidation under Labor Code.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a foreign company against a pregnant employee seeking reinstatement. The court found that the supervisory board's decision to close a Polish branch did not constitute the legal liquidation of the employer required to terminate the employment contract. Consequently, the employee's right to protection under the Labor Code remained intact, and the lower court's ruling to reinstate her was upheld.
Legislator headnote
AI generatedArt. 3 k.p.; Art. 411 k.p.; The closing of a branch of a foreign legal person does not constitute the liquidation of the employer under the Labor Code and does not exclude the protection of the employment relationship for pregnant employees.
Keywords
AI generated
closing of branch
liquidation of employer
pregnant employee
Labor Code
reinstatement of work
foreign legal person
cassation appeal
Cited Legislation
AI generatedArt. 3 k.p.
Art. 411 k.p.
Art. 177 § 4 k.p.
Art. 270 k.s.h.
Art. 277 k.s.h.
Art. 30 § 4 k.p.
Art. 30 § 5 k.p.
Art. 264 § 1 k.p.
Art. 60 k.c.
Art. 61 k.c.
Art. 61 § 2 k.c.
Art. 398 § 14 k.p.c.