18.04.2018 – case won before the Supreme Court – outsourcing may constitute the basis for transfer of part of the work establishment.

On the 18th of April, 2018, the Supreme Court considered the cassation appeal lodged by our Law Firm and set aside the judgment of the Court of 2nd instance that constituted the basis for the judgment on the existence of an employment relationship between our Client and a former employee to become final. The factual and legal background of the case was the issue of transfer of part of the work establishment to a new employer and the moment in time that should be considered when evaluating the given economic operation in terms of the existence of events stipulated in the provisions of Art. 23(1) par. 1 of the Polish Labour Code, as well as the answer to the question, whether the plans and intentions of entities involved in such operation affect the protection of employees guaranteed by the Labour Code considering the temporary and ad-hoc nature of the situation.