Supreme Court allows civil damages for employer's failure to create a bonus fund under specific regulations.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court resolved a legal question regarding an employer's obligation to establish a bonus fund for auxiliary staff under a 1995 regulation. The lower courts found that the employer failed to issue the required bonus regulation by the deadline, causing financial loss to the plaintiffs. The Court ruled that this breach justified civil liability under Article 471 of the Civil Code, allowing damages to be calculated based on the superior authority's subsequent regulation and available funds.
Legislator headnote
AI generated§ 14 Rozporządzenia Rady Ministrów z dnia 18.04.1995 r.; art. 471 Kodeksu cywilnego w związku z art. 300 Kodeksu pracy: The failure of an employer to establish a bonus fund as mandated by regulation creates a civil liability for damages, which may be quantified using the employer's available funds and subsequent regulations when the exact loss cannot be precisely proven.