Legislator Case Law & Legislation
I PZP 32/94 AI generated

General assembly of state enterprise employees cannot transfer remuneration system creation powers to the staff council.

Case Number I PZP 32/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the question regarding whether a general assembly could transfer its statutory powers to create remuneration systems to the staff council. The lower court found a violation of the Labor Law by allowing a collective agreement to be signed without the general assembly's positive opinion, relying instead on a resolution by the staff council. The court ruled that the Labor Law explicitly distinguishes between these two bodies and does not permit the transfer of their distinct, non-transferable competencies.

Legislator headnote

AI generated

Art. 6 ust. 2 ustawy z dnia 26 stycznia 1984 r. o zasadach tworzenia zakładowych systemów wynagradzania; Art. 241 § 1 k.p.c.: The powers of the general assembly of employees in a state enterprise are non-transferable and cannot be delegated to the staff council, as the statute strictly delineates their separate and distinct competencies.

Keywords

AI generated
state enterprise remuneration system staff council general assembly non-transferable powers labor law collective agreement

Cited Legislation

AI generated
Art. 6 ust. 2 of the Act of January 26, 1984 on the principles of creating internal remuneration systems
Art. 241 § 1 of the Code of Civil Procedure
art. 391 § 1 k.p.c
art. 24112 k.p

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