I PKN 62/98
AI generated
Supreme Court dismisses anniversary bonus claim when collective agreement regulates terms less favorably than ministerial regulation.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed Alexander F.'s lawsuit seeking an anniversary bonus based on a 1989 ministerial regulation. The defendant argued that the company's collective agreement, which established less favorable rules for calculating the bonus period, took precedence over the ministerial decree. The court ruled that when a collective agreement regulates the conditions for earning a benefit differently, even if less favorable, the ministerial provisions do not apply in that specific scope.
Legislator headnote
AI generated§ 1 of the 1989 Ministerial Regulation; Art. 4 ust. 3 of the Collective Agreement: When a collective agreement regulates the conditions for acquiring a benefit differently, even if less favorably, the ministerial provisions do not apply in that scope.
Keywords
AI generated
collective agreement precedence
anniversary bonus entitlement
less favorable regulation
labor law hierarchy
interpretation of collective agreements
Cited Legislation
AI generated§ 9 of the 1989 Ministerial Regulation on determining periods of work and other periods entitling to an anniversary bonus
Art. 35 and 37 of the Company's Collective Agreement
Art. 241 26 § 1 of the Labor Code
Art. 21 ust. 1 pkt 2 of the Industry Energy Workers Collective Agreement
Art. 227 of the Code of Civil Procedure
Art. 393 15 of the Code of Civil Procedure