European Employment Law Cases

Case Reports

2016/3 Supreme Court allows transferee to differentiate between ‘own’ and acquired employees (PL)

Keywords Differing the monthly wages after the workplace has been moved on to another employer
Authors Ph.D Marcin Wujczyk
Author's information

259075 Ph.D Marcin Wujczyk
Marcin Wujczyk, Ph. D., is a partner with Ksiazek & Bigaj in Krakow, www.ksiazeklegal.pl.
  • Abstract

      Paying employees acquired by way of the transfer of an undertaking less than the transferee’s original staff not discriminatory. The Supreme Court recently came to this conclusion based on a rather daring interpretation of a provision of national law aimed at transposing an EU directive. Although Polish law obligates employers to treat employees who perform the same work equally regardless of personal characteristics, the provision at issue should be read more narrowly.

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