- Phase
- Act of 26.06.1974 - Labour Code;
Act of 23.05.1991 on trade unions;
Act of 23.04.1964 - Civil Code
- Native name
- Ustawa z dnia 26.06.1974 r. - Kodeks pracy;
Ustawa z dnia 23.05.1991 o związkach zawodowych;
Ustawa z dnia 23.04.1964 r. -Kodeks cywilny
- Type
- Staff information and consultation on business transfers
- Added to database
- 08 May 2015
Article
Article 23 (1), Article 300 of the Act of 26.06.1974 - Labour Code;
Article 26 (1) of the Act of 23.05.1991 on trade unions;
Article 471 of the Act of 23.04.1964 - Civil Code
Description
Employees must be informed 30 days in advance about a business transfer. Such transfer can be a result of sale, leasing, hiring, tenancy or any other commercial contract. Information must be provided by the former and the new employer.
The information about business transfer should be provided to employees in writing and must include the expected date of the business transfer, the reason of the transfer, the legal, economic and social consequences of the transfer for the employees, the intentions concerning the employment conditions of employees (their employment contracts are not subject to change due to the transfer) and, in particular, remuneration and training conditions. The information can include explanations about the specific measures to alleviate some negative consequences but this is not obligatory.
A written notification should be also provided to trade unions and should include the same information as mentioned above.
If the negotiations with trade unions result in an agreement concerning the transfer of undertaking it is treated as an autonomous source of labour law according to Article 9 of the Labour Code - verdict of Supreme Court (SN 2009 02 25 II PK 184/08). This means that an individual employee can submit a claim to the labour court based on such agreement.
Citation
Eurofound (2015), Poland: Staff information and consultation on business transfers, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/staff-information-and-consultation-on-business-transfers/poland