Our firm has successfully represented a client in two court cases in which the appellate courts agreed with our argument that it is possible to terminate a fixed-term collective agreement, even if the agreement contains clauses prohibiting termination.
These rulings are highly significant for the interpretation of labor law provisions critical to business, particularly for state-owned companies, where such agreements are very common.
The argumentation was developed by our team: Prof. Michał Skąpski (Adam Mickiewicz University), Dr. Artur Rycak, and Aleksander Kasprowicz – former labor court judge in Warsaw.
"From my perspective, one of the key arguments is that a normative collective agreement cannot enjoy stronger protection than a collective labor agreement, which – regardless of whether it is fixed-term or indefinite – can be terminated. Moreover, the Labor Code (and currently the Act on Collective Labor Agreements) does not require specifying a reason for terminating an agreement. This line of jurisprudence will have a significant impact on social dialogue and the relations between employers and trade unions," says Attorney Artur Rycak.
