General assembly of state enterprise employees cannot transfer remuneration system creation powers to the staff council.
Legislator summary
AI generatedThe 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 generatedArt. 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.