Legislator Case Law & Legislation
I PKN 250/97 AI generated

Supreme Court dismisses appeal, ruling written form is mandatory for contract changes if parties stipulated it.

Case Number I PKN 250/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Poland dismissed the appellant's cassation appeal against the appellate court's decision to reject the employee's wage claim. The employee argued that the employer unilaterally reduced his salary without a written agreement, violating labor law requirements. The court held that because the employment contract explicitly required written form for any changes, the oral reduction was legally ineffective. Consequently, the court set aside the lower court's judgment and remanded the case for a new trial.

Legislator headnote

AI generated

Art. 76 KC w związku z art. 300 KP; Art. 300 KP: If parties stipulate in an employment contract that a change requires written form, such a change is valid only if that written form is observed.

Keywords

AI generated
employment contract modification written form requirement oral agreement invalidity labor law stipulation cassation appeal dismissal unilateral salary reduction party autonomy in labor law

Cited Legislation

AI generated
Art. 76 KC w związku z art. 300 KP
Art. 80 KP
Art. 81 KP
Art. 87 KP
Art. 18 KP
Art. 73 § 1 KC w związku z art. 300 KP
Art. 328 § 2 KPC
Art. 233 § 1 KPC
Art. 393 13 § 1 KPC

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text