Legislator Case Law & Legislation
I PKN 8/96 AI generated

Retirees allowed to claim coal allowance value based on current market prices despite collective agreement rates.

Case Number I PKN 8/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court of Poland overturned lower court rulings that awarded retirees a fixed monetary amount for their coal allowance. The court found that while the collective agreement set a specific rate, the employer paid amounts higher than that rate but significantly lower than the actual market price of coal. Consequently, the court held that the retirees were entitled to the difference between the paid amount and the current market value to ensure the real value of their acquired right was maintained.

Legislator headnote

AI generated

Art. 358 § 1 pkt 3 k.c.; Art. 300 k.p.: When a collective agreement sets a fixed value for a benefit but the employer pays less than the market rate, the employee may claim the difference to preserve the real value of the acquired right.

Keywords

AI generated
coal allowance market price valuation acquired right collective agreement monetary equivalent real value preservation retiree benefits

Cited Legislation

AI generated
Art. 358 § 1 pkt 3 k.c.
Art. 300 k.p.
Art. 393 § 13 k.p.c.

Cited Case Law

AI generated
I PRN 124/93 - OSN 1994 z. 10 poz. 183

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