Labour relations in the reorganisation processes of commercial companies

Abstract

The article discusses issues related to the impact of the processes of transformation, division or merger of commercial companies on labour relations (in the field of individual labour law). The purpose of the study is to establish the relationship between the provisions of the Labour Code regarding the acquisition of the employer and the provisions of the Commercial Companies Code, regulating the issues of succession in the processes of division, merger, and transformation of commercial companies.

The conducted research leads to the conclusion that the merger and division of capital companies employing employees are associated with the subjective change of the employer, which leads to the acquisition of the employer within the meaning of Article 231Labour Code. The transfer of the employer does not occur in the event of transformation of the company. In addition, the provision of art. 231 of the Polish Labour Code constitutes a minimum standard of protection for employees, which does not preclude the application of more extensive, specific regulations.