The Supreme Court in Poland is going to solve a case involved in terms and conditions of termination the employment contract after one year of their acquisition by new employer. The cassation appeal has been filed by the law firm Duraj Reck & Partners, situated in Katowice.
The duty of settlement the dubiousness about that question occurred in following circumstances. The employees were bound by the Collective Bargaining Agreement, which regulated in details their rights and responsibilities due to employment relationship. According to polish labor code, in situation when the employer changes, the new employer is obliged to obey the Collective Bargaining Agreement rules for a year since the acquisition happened. Unfortunately, the unregulated rules refer to the question whether the new employer is able to alter the Collective Bargaining Agreement regulations by detailed rules involved in terms and procedure of it?s changement after the date of expiry or whether he is able to do that by the agreement/contract with labor unions, which are not obliged to obey strict rules, of course after that date.
It is a very important matter since not only it involves the response to the question whether working and wage conditions might be regulated only in the Collective Bargaining Agreement or Payroll Regulations, but also it contains the answer whether is admissible to determine it by another collective agreements. The issue is important for employees? legitimate interests since the terms of creation, modification or termination the collective bargaining agreements or payroll regulations are precisely regulated in labor code, while there are no regulations to another collective agreements. The last solution to the problem might in practice create situations in which restrictions on the employees rights would be a much more easier process to do then the collective bargaining agreements or payroll regulations set.