Supreme Court allows anniversary bonus for 35 years of work, rejecting collective agreement clause limiting child-care breaks.
Legislator summary
AI generatedThe Supreme Court of Poland granted an extraordinary revision to award an anniversary bonus to a plaintiff who had worked 35 years, including a six-year break for childcare. The defendant argued that a collective agreement protocol restricted the recognition of this break period, but the court found this provision invalid. The court ruled that the collective agreement could not override statutory provisions regarding bonus eligibility, which explicitly allowed for such breaks after the law was amended in 1990.
Legislator headnote
AI generatedArt. 17 ust. 1 ustawy o zasadach tworzenia zakładowych systemów wynagradzania; Art. 424 k.p.c.: A collective agreement protocol cannot override statutory provisions regarding the calculation of anniversary bonuses, and an extraordinary revision court is not bound by prior legal assessments in similar cases.