Supreme Court dismissed extraordinary review, ruling backdated wage adjustments violate equal treatment principles.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Ministry of Labor against a lower court's order for backdated wage equalization. The plaintiffs argued that a collective agreement clause granting future salary increases to all employees violated their rights as former workers. The court held that while the payment was not a direct backdated raise, it was strictly tied to work performed in the specific period, making its denial to former employees a violation of equal treatment and wage principles.
Legislator headnote
AI generatedArt. 80 KP; Art. 78 KP; Art. 11 ust. 2 KP: A salary adjustment linked to work performed in a specific period constitutes remuneration for work in the broad sense, and denying it to employees who worked during that period violates the principles of equal treatment and fair compensation.