I PK 23/10
AI generated
Social package terms incorporated into collective agreement cease to bind employer regarding those specific obligations.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by former employees seeking reinstatement to previous working conditions and wages. The court found that the social package's provisions were incorporated into the company's collective agreement, which extinguished the employer's specific obligations under the original package. Consequently, the court ruled that the social package no longer bound the employer in the areas covered by the collective agreement.
Legislator headnote
AI generatedArt. 9 § 2 k.p.; Art. 3 k.p.: Incorporation of social package provisions into a collective agreement causes the termination of obligations arising from the package insofar as they have been taken over by the agreement.
Keywords
AI generated
social package incorporation
collective agreement supremacy
termination of social package obligations
labor law hierarchy
employee reinstatement claim
Cited Legislation
AI generatedArt. 9 § 2 k.p.
Art. 3 k.p.
Art. 261 ust. 3 ustawy o związkach zawodowych
Art. 102 k.p.c.
art. 231 k.p
art. 2418 k.p
art. 9 k.p
art. 24113 § 2 k.p
art. 9 § 1 k.p
art. 59 ust. 2 Konstytucji RP
Cited Case Law
AI generatedIII APa 58/05
I PK 270/02
Social package agreement binds employer and creates individual labor law rights for employees.
I PK 228/04
Supreme Court dismissed appeal; collective agreement not labor law source or third-party performance contract.
I PK 223/04
Social package agreement between union and investor not collective agreement under Labor Code Art. 9.
II PK 344/04
Social package agreement not collective bargaining; individual termination clauses valid if workers voluntarily waived benefits.
II PK 386/04
Social package employment guarantee deemed contrary to social coexistence rules in privatization context.
II PK 27/04
Employment contract termination by employee refusal of employer's change of terms is deemed employer-initiated dismissal under employee guarantee packages.