I PKN 496/97
AI generated
Employee's failure to object to salary change via board resolution implies implied consent and contract modification.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal regarding unpaid salary differences after a board resolution altered compensation rules. The employee had accepted the new rates for three years without formally challenging the resolution or seeking court recognition of its invalidity. The court ruled that this conduct constituted implied consent, transforming the unilateral board decision into a mutual contract amendment.
Legislator headnote
AI generatedArt. 42 § 1, 2 KP; Art. 264 § 1 KP; Art. 291 KP; If an employee fails to object to a salary change resolution within internal procedures or to the labor court, and subsequently accepts the new pay for a prolonged period, this implies consent to the contractual modification.
Keywords
AI generated
implied consent
labor contract modification
salary reduction
board resolution
unilateral change
labor law
contractual agreement
Cited Legislation
AI generatedArt. 42 § 1, 2 KP
Art. 264 § 1 KP
Art. 291 KP
Art. 393 § 12 KPC