Employee transfers – transfers of an employment establishment to a different employer
- The transfer of an employment establishment or part thereof to another employer cannot constitute grounds for termination of an employment contract by the employer.
- Within two months from transfer of an employment establishment or part of an employment establishment to another employer, the employee may terminate the employment relationship without observing the period of notice, upon seven days in advance notification. Employees who terminate the employment relationship in this way are not entitled to a statutory severance payment, unless the grounds for termination were a significant change in the working conditions to the disadvantage of the employee (Resolution of the Supreme Court of June 18 2009, case file: III PZP 1/09).
- Article 23 (1) § 1 of the Labour Code does not apply to non-competition agreements after the termination of the employment relationship concluded with the previous employer (Resolution of the Supreme Court of May 6 2015, III PZP 2/15).
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Employee transfers
- Advising on the transfer of an employment establishment for an international pharmaceutical company operating in Poland.
- Over ten acquisitions of employment establishment (laboratories) for a diagnostic company in the pharmaceutical sector.
- Advising on the transfer of an employment establishment to an international company in the furniture sector operating in Poland.
- Handling court proceedings in cases related to outsourcing and transfer of employment establishments on behalf of employers before courts of all instances and before the Supreme Court.
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