Cassation dismissed; employer's partial payment of vacation pay counts as work pay, not offsetting. Court allowed deduction of costs.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal filed by the employee against the lower court's judgment. The employee argued that the employer's actions constituted improper offsetting of debts, but the court found that the employer's partial payments of vacation pay were valid fulfillments of work pay obligations under the Civil Code. Consequently, the court ruled that these payments could be credited against the debt for unpaid wages without violating the strict rules on debt offsetting. The cassation appeal was rejected, and the costs of the legal aid were assigned to the state.
Legislator-Regeste
KI-generiertArt. 450, 451 k.c.; Art. 503 k.c. in conjunction with Art. 498 k.c.; The distinction between partial fulfillment of one debt by another and the legal institution of offsetting means that partial payments made by an employer for vacation pay can be credited against wages for time not worked without triggering the restrictions applicable to debt offsetting.