Collective agreement expiry does not automatically terminate superior individual contract terms under Polish labor law.
Legislator summary
AI generatedThe Supreme Court of Poland partially allowed the plaintiff's cassation appeal against a lower court ruling that dismissed his claim for severance pay. The plaintiff argued that the collective agreement's expiry should automatically terminate the superior individual terms it had incorporated. The court rejected this, holding that the automatic transfer of collective agreement terms to individual contracts does not vanish merely because the collective agreement expires. Consequently, the court remanded the case to the District Court for a new decision on the merits.
Legislator headnote
AI generatedArt. 2417 § 1 pkt 2 k.p.; Art. 24113 § 1 k.p.: The expiration of a collective agreement does not automatically terminate the superior individual contract terms that were incorporated by operation of law.