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