Labor union formation for job security overrides employee reinstatement claims under social purpose of law.
Pologne (PL)
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by Lucjan F., who sought reinstatement after being fired following the creation of a trade union. The court found that the union was established specifically to secure the employee's job tenure, constituting an abuse of union freedom. Consequently, the claim for reinstatement was deemed contrary to the social and economic purpose of labor law.
Regeste Legislator
Généré par l'IAArt. 45 § 1, 3 KP; Art. 8 KP; Art. 32 ust. 3 ustawy o związkach zawodowych: If employees form a trade union specifically to obtain special protection for the stability of their employment relationship after receiving a dismissal, such an action constitutes an abuse of union freedom, rendering the employee's claim for reinstatement contrary to the social purpose of law and inadmissible.