Legislator Case Law & Legislation
I PK 155/11 AI generated

Supreme Court held that Article 231 of the Labor Code applies only when a business unit retains its identity and assets during transfer.

Case Number I PK 155/11
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court partially dismissed the plaintiffs' appeal, upholding the lower court's rejection of their request to be employed by A.R. Sp. z o.o. while remanding the case regarding other defendants. The court found that A.R. Sp. z o.o. did not acquire the necessary assets or organizational identity from the hospitals to constitute a legal transfer of a business unit under Article 231 of the Labor Code. Consequently, the employees remained with the previous contractor, I.F.S. Sp. z o.o., as no statutory transfer of the business entity occurred.

Legislator headnote

AI generated

Art. 231 k.p.; Article 231 of the Labor Code applies to the assignment of catering services only when a reorganized whole retains its identity as a business unit, requiring the transfer of assets and organizational continuity.

Keywords

AI generated
Labor Code Article 231 transfer of business unit catering services assignment employee transfer rights business identity continuity statutory transfer conditions employer liability shift

Cited Legislation

AI generated
Art. 231 k.p.
art. 231 k.p
art. 231 § 1 k.p

Cited Case Law

AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text