I PKN 250/97
AI generated
Supreme Court dismisses appeal, ruling written form is mandatory for contract changes if parties stipulated it.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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