Legislator Case Law & Legislation
II PK 107/10 AI generated

Collective agreement expiry does not automatically terminate superior individual contract terms under Polish labor law.

Case Number II PK 107/10
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
collective agreement expiry individual contract terms automatic incorporation labor law supremacy severance pay claim cassation appeal remand for retrial

Cited Legislation

AI generated
Art. 2417 § 1 pkt 2 k.p.
Art. 24113 § 1 k.p.
Art. 18 k.p.
Art. 2418 k.p.
Art. 18 § 2 k.p.
Art. 398 § 1 k.p.c.
art. 2417 § 1 pkt 2 k.p
art. 24113 § 1 k.p
art. 102 k.p.c
art. 2417 § 4 k.p

Cited Case Law

AI generated

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